If you’re contemplating or going through a divorce or separation, a family law lawyer can help you understand the legal process, advise you on property division, spousal and child support, and child custody matters, and ensure that your rights, and your children’s rights, are upheld.
The main difference between divorce and legal separation lies in the legal status of the relationship:
Divorce: Divorce is the legal process that officially ends a marriage. When a marriage is dissolved through divorce, both partners are no longer legally married. This means they can remarry if they choose to. During a divorce, issues such as property division, child custody, and support are typically addressed and resolved.
Legal Separation: Legal separation, on the other hand, doesn’t end the marriage itself. It’s an arrangement where a couple decides to live apart and formalize their separation through a legal agreement. While legally separated, partners remain married and cannot marry someone else. A legal separation agreement can outline matters like property division, child custody, and support, similar to a divorce settlement. Legal separation can be chosen for various reasons, such as religious beliefs, social considerations, or a desire to leave open the possibility of reconciliation.
Cohabitation: When never-married partners (who have lived together in a spousal relationship for more than two years) go through a separation, a separation agreement is likely needed, especially to resolve custody, parenting and property matters. Though different rules may apply, cohabitating partners will have many of the same rights and risks as a divorcing couple, and will benefit from early legal advice.
Divorce is more commonly sought when a couple wishes to permanently end their marriage. However, both divorce and legal separation involve legal processes and may require the assistance of legal professionals to navigate the complexities involved, and ensure that the rights and interests of both partners are protected.
Lawyers can help you gather the necessary financial documents required if the court process is needed, which typically includes the three most recent income tax returns, Notices of Assessment and Re-Assessment from CRA, for both parties.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.