Separation is a difficult phase in life. A lot of things are going on, not just in front of you, but within your mind as well. Our family lawyers in Mississauga will always advise you to get a separation agreement from a trustworthy lawyer so that you can clearly set out the terms regarding your separation with your spouse.
What is Separation?
Separation is said to occur when a married couple decides to live ‘separately’ from each other. This means that the married couple will no longer live like a normal husband-wife. It doesn’t really matter whether separation has the consent of both the individuals or not. If even one of them moves out, the couple is said to be separated.
It is not necessary for separated spouses to go and live in different homes. Due to child-care and money issues, a separated couple might decide to share the same roof with separate areas for sleeping.
Will Moving Out weaken my Claim to the Home?
The home in which you and your spouse lived is called the matrimonial home. Generally, after separation and divorce of married couples, all the assets are bound to be shared equally which includes the matrimonial home as well. So, generally it’s seen that spouses who leave the house after separation still have claim to their matrimonial home.
Does separation require any paperwork?
No, separation does not need any paperwork. There is absolutely no need to put anything in writing or even notify the court regarding your separation. However, for certain issues like child’s support, custody and access you can apply for a court order.
Although not necessary, a separation agreement can also be drafted by our family lawyers in Mississauga so as to ultimately help you when you decide to apply for a divorce or a court order.
What exactly is a separation agreement?
A separation agreement is a written contract that is signed by you and your spouse. This contract includes certain terms and conditions for living apart from each other. Separation agreements are mostly drawn-up by family lawyers since they involve a lot of complex terminologies and facts which are otherwise difficult to represent due to lack of legal knowledge. You can also get your agreement registered by the court so that it becomes a court order and can be enforced like one.
How Long should You Wait Before Applying for a Divorce?
In most cases, a separation period of at least one year would be required by you and your spouse before you can file for a divorce. However under some circumstances, one can also apply for a divorce on the basis of mental or physical cruelty or adultery but then situations are bound to get more complicated. You might be asked to provide proper evidence in the court to prove that these grounds are actually true.
Sekhon Law is one of the leading law firms in Mississauga having a team of experienced family lawyers who fight for your rights. Contact us today to discuss your case.
