The Main Differences Between Being Separated & Being Divorced
People tend to interchange the terms “separated” and “divorced”. As far as the law is concerned, these two are actually quite distinct. Learning their differences will help individuals to protect their rights and look after the welfare of their children. Our team of Toronto family lawyers can help you with the entire process.
Separation
Separation happens immediately after a couple decides that they no longer wish to be together. Physical separation often follows but it is not necessary. Even people who are still in the same house may be considered separate if they have agreed to end their relationship and are already leading independent lives. This term applies to both married and non-married couples. It is not limited by time, either, as people may stay this way indefinitely. It is a state of affairs that does not require a distinct legal pronouncement to be true. However, signing a separation agreement in Toronto may be beneficial to both parties in certain cases.
Divorce
Divorce requires the intervention of the state in the form of a court pronouncement. Erstwhile couples cannot claim to be divorced on their own no matter how long they have been separated from each other. It is considered to be the dissolution of marriage. Therefore, only legally married couples can avail of this remedy. Petitions for divorce are usually filed when one or both of the parties intend to enter into another marriage. Couples cannot initiate the filing until they have satisfied or exceeded the mandatory one year separation rule. Courts may grant exemptions in cases wherein abuse or adultery was involved.
Federal Law
In Canada, the prevailing law governing the dissolution of marriage is the Divorce Act. It provides a framework to guide all concerned parties and make the processes go as smoothly as possible given the circumstances. Its contents include the acceptable grounds for divorce, as well as the arrangements for financial support and child custody. This framework is applicable to all cases in the Canadian courts. However, the exact processes have generally been left to the discretion of each province.
Ontario Law
Toronto abides by the laws in the province of Ontario. While the federal divorce law applies only to married couples, provincial family laws apply to both married and unmarried pairs. This makes them vital tools in the resolution of cases involving children born out of wedlock. If their unmarried parents have gone their separate ways, courts must determine how the children should be provided for and who they should stay with. The rights and responsibilities are often shared between the erstwhile couple.
Local laws are also the main authority when it comes to the division of property. This is where signing a separation agreement in Toronto will become quite handy. It provides the courts with an official date on which to define the line between joint property and individual ownership.