Changes

Separation and the Law on Separation

1,546 bytes removed, 23:46, 25 March 2020

→‎Introduction

*The date of separate marks the end of the period during which family property and family debt accumulates, under sections 84(1) and 86.

*An agreement about child support is only binding if the agreement is made after the date of separation, under section 148(1) of the ''Family Law Act''.

*The date of separation marks the beginning of the two-year period during which unmarried spouses must begin a claim for the division of property and debt or for spousal support, under section 198(2).*The date of separation marks the beginning of the one-year period during which married spouses must live "separate and apart" to ask for a divorce on the basis of separation, under section 8(2)(a) of the ''[[Divorce Act]]''.

Because so many legal issues hinge on the date of separation, it won't be a surprise that people sometimes wind up arguing about when separation occurred. As a result, there's a good bit of case law about what constitutes "separation" and how to figure out which is the date of separation. Making things a bit more complicated, while the decision to separate is often made be everyone involved in a relationship, it only takes one person to decide to end a relationship, and a decision to end a relationship doesn't require anyone else's consent or agreement.

*Unmarried spouses have two years past the ''date of separation'' to start a claim in court for the division of family property, the sharing of family debt, or the payment of spousal support.

Spouses do not need to move out in order to be separated~~, and we'll talk about that in a little more detail in a moment~~. What's needed is for at least one spouse to reach the conclusion that the relationship is over, say so, and then begin behaving as if the relationship really is over. That usually means stopping sleeping together, stopping doing chores for each other, stopping going out together and so on. Section 3(4) of the ''[[Family Law Act]]'' talks about this issue:

<blockquote><tt>For the purposes of this Act,</tt></blockquote>

It's important to know that the Canada Revenue Agency has its own definition of separation, and requires people to have lived separate and apart for 90 days before it considers them to be separated. Once that 90-day period is over, the date of separation is the date the couple first began to live separate and apart.

~~===Being separated while living together===~~

Although many people move out when they separate, others separate and remain living under the same roof. Physical separation is not necessary, there must simply be an intention to end the relationship, as well as the intimacies and mutual support that committed relationships usually involve.

It is possible to separate and remain living under the same roof as your spouse. People sometimes do this when they simply cannot afford to make ends meet while maintaining separate homes or when neither spouse wants to leave the home and the children.

In order for the courts to recognize this form of separation as a separation, the spouses must live as if they have completely ended the romantic aspect of their relationship. This usually includes sleeping in separate beds in separate rooms, opening separate bank accounts and closing joint accounts, separately performing household chores like laundry and cooking, not going out as a couple, and so on. Either way, the spouses must stop behaving as if they are a couple.

Because the date of separation can sometimes be hard to pin down when separated spouses continue to live under the same roof, it can be very helpful to make some sort of record of the date that separation occurred. Sending a letter or email to your spouse to confirm separation might be a good idea; make sure you keep a copy.

~~===Desertion===~~

~~This ground for divorce has been abolished.~~

Instead, section 8(1)(2)(a) of the ''Divorce Act (Canada)'' allows either spouse to apply for a divorce on the ground that the spouses have been living separate and apart for at least a year, and that there is no chance of reconciliation.

===Separation and children===

Jpboyd

Administrators

5,310

edits

Clicklaw Wikibooks β

Changes

Separation and the Law on Separation

Clicklaw Wikibooks ^β