Separation and the Law - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-08T20:28:33Z

Clicklaw directory link edit

← Older revision		Revision as of 20:28, 8 August 2024
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	{{LSSbadge		{{LSSbadge
	\| resourcetype = more information on		\| resourcetype = more information on
	\| link = [https://family.legalaid.bc.ca/separation-divorce Divorce ~~and Separation basics~~]		\| link = [*[https://family.legalaid.bc.ca/separation-divorce common questions on Separation & Divorce]
	}}Separation usually signals the breakdown of a serious relationship. It can be one of the most traumatic stages in the conclusion of a relationship, but a brief period of separation can also lead to reconciliation and the resumption of life.		}}Separation usually signals the breakdown of a serious relationship. It can be one of the most traumatic stages in the conclusion of a relationship, but a brief period of separation can also lead to reconciliation and the resumption of life.

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	* ''[https://canlii.ca/t/8q3k Family Law Act]''		* ''[https://canlii.ca/t/8q3k Family Law Act]''
	* ''[https://canlii.ca/t/551f9 Divorce Act]''		* ''[https://canlii.ca/t/551f9 Divorce Act]''
	* ''[~~http~~://canlii.ca/t/840g Estate Administration Act]''		* ''[https://canlii.ca/t/840g Estate Administration Act]''
	* ''[~~http~~://canlii.ca/t/84g0 Wills Variation Act]''		* ''[https://canlii.ca/t/84g0 Wills Variation Act]''
	* ''[https://canlii.ca/t/8mhj Wills, Estates and Succession Act]''		* ''[https://canlii.ca/t/8mhj Wills, Estates and Succession Act]''
	* ''[https://canlii.ca/t/849l Power of Attorney Act]''		* ''[https://canlii.ca/t/849l Power of Attorney Act]''
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	*[https://www.clicklaw.bc.ca/resource/4639 Separation & Divorce] from the Legal Aid BC’s Family Law website		*[https://www.clicklaw.bc.ca/resource/4639 Separation & Divorce] from the Legal Aid BC’s Family Law website
	*[https://~~www2~~.~~gov.bc~~.ca/~~gov/content/life-events/divorce/family-justice/who-can-help/pas~~ Parenting After Separation course] from the BC Ministry of Attorney General		*[https://parenting-after-separation.jibc.ca/ Parenting After Separation] course from the BC Ministry of Attorney General's Family Justice Services Division
	* [https://~~www~~.familieschange.ca/ Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General		*[https://bc.familieschange.ca/en Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General
	*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help Support and Resources for Dealing with Separation and Divorce] website from the BC Ministry of Attorney General		*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help Support and Resources for Dealing with Separation and Divorce] website from the BC Ministry of Attorney General

	===Resources===		===Resources===

	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1058 "~~Living Together or Living Apart~~: Common-Law Relationships, Marriage, Separation, and Divorce"~~] ~~from Legal Aid BC~~		*[https://family.legalaid.bc.ca/resources/living-together-or-living-apart ''Living Together or Living Apart'']
	*[https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1126~~ Separation and Separation Agreements] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/separation-agreements/ Separation and Separation Agreements] from Dial-a-Law by the People's Law School
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~1127~~ Deciding Who Will Move Out When You Separate] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/separation-deciding-who-will-move-out/ Deciding Who Will Move Out When You Separate] from Dial-a-Law by the People's Law School
	*[https://~~www.clicklaw~~.bc.ca/~~resource/1529 "Separated with Children - Dealing with the~~ Finances~~: Parent Workbook"~~] from the Justice Education Society of BC		*[https://pas-finances.familieschange.ca/ Parenting After Separation: Finances] online course from the Justice Education Society of BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4126 "~~Coping with Separation Handbook"] from Legal Aid BC		*[https://family.legalaid.bc.ca/resources/coping-separation-handbook ''Coping with Separation Handbook''] from Legal Aid BC
	* [https://~~www.clicklaw.bc~~.ca/~~resource~~/~~4282 MyLaw BC Make a Separation Plan Pathway] from Legal Aid BC~~		*[https://westcoastleaf.org/work/separation-agreements/ Separation Agreements: Your Rights and Options] from Legal Aid BC and West Coast LEAF
	*[https:/~~/www.clicklaw.bc.ca/resource/2751 "~~Separation Agreements: Your Rights and Options"] from Legal Aid BC and West Coast LEAF		* [https://family.legalaid.bc.ca/separation-divorce/going-through-separation Going Through Separation] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4139 Parent Guide to Separation and Divorce] from the Justice Education Society of BC~~		* [https://www.howtoseparate.ca/ How to Separate] online course from Justice Education Society
	*[https://www.clicklaw.bc.ca/resource/4242 "Legal Health Checks: Breaking Up - ~~Without Court"] from the Canadian Bar Association~~		*[https://bit.ly/3AoGrfy "Ending Relationships" video] from John-Paul Boyd, KC
	*[https://www.clicklaw.bc.ca/resource/4648 Going Through Separation] from Legal Aid BC
	*[https://www.~~clicklaw.bc~~.ca/~~resource/4494 "~~How to Separate" online course] from ~~the~~ Justice Education Society ~~of BC~~
	*[https://~~www.clicklaw.bc~~.~~ca/resource~~/~~4760~~ "Ending Relationships" video] from John-Paul Boyd, KC

Nate Russell: From staging 2024

2024-01-11T22:45:10Z

From staging 2024

← Older revision		Revision as of 22:45, 11 January 2024
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	{{LSSbadge		{{LSSbadge
	\| resourcetype = more information on		\| resourcetype = more information on
	\| link = [~~http~~://~~www~~.~~familylaw.lss~~.bc.ca/~~legal_issues/divorceBasics.php~~ Divorce and Separation basics]		\| link = [https://family.legalaid.bc.ca/separation-divorce Divorce and Separation basics]
	}}Separation usually signals the breakdown of a serious relationship. It can be one of the most traumatic stages in the conclusion of a relationship, but a brief period of separation can also lead to reconciliation and the resumption of life.		}}Separation usually signals the breakdown of a serious relationship. It can be one of the most traumatic stages in the conclusion of a relationship, but a brief period of separation can also lead to reconciliation and the resumption of life.

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	Now, to be fair, what people often mean by "legal separation" is a ''separation agreement''. That's something else altogether. A separation agreement is a contract that people use to record their agreement about things like how the children will be cared for, how their property will be shared, and how child support and spousal support will be paid. Separation agreements aren't always useful, they're not required by the law, and you can't be forced to sign a separation agreement.		Now, to be fair, what people often mean by "legal separation" is a ''separation agreement''. That's something else altogether. A separation agreement is a contract that people use to record their agreement about things like how the children will be cared for, how their property will be shared, and how child support and spousal support will be paid. Separation agreements aren't always useful, they're not required by the law, and you can't be forced to sign a separation agreement.

	You can find more information about separation agreements in the chapter [[Family Law Agreements]], in the section [[Agreements after Separation]]. You can find out more about preparing to separate in [[How Do I Prepare for Separation?]], located in the Helpful Guides & Common Questions ~~section~~ of this resource~~. Look under [[JP Boyd on Family Law — How Do I?#Marriage, Separation & Divorce \| "Marriage, Separation and Divorce"]]~~.		You can find more information about separation agreements in the chapter [[Family Law Agreements]], in the section [[Agreements after Separation]]. You can find out more about preparing to separate in [[How Do I Prepare for Separation?]], located in the Helpful Guides & Common Questions part of this resource.

	===The date of separation===		===The date of separation===
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	*[https://www.clicklaw.bc.ca/resource/4648 Going Through Separation] from Legal Aid BC		*[https://www.clicklaw.bc.ca/resource/4648 Going Through Separation] from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/4494 "How to Separate" online course] from the Justice Education Society of BC		*[https://www.clicklaw.bc.ca/resource/4494 "How to Separate" online course] from the Justice Education Society of BC
	*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC		*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, KC

Nate Russell: Nate Russell moved page Separating and the Law to Separation and the Law: new title (late ) for edition 2020

2022-08-26T21:12:13Z

Nate Russell moved page Separating and the Law to Separation and the Law: new title (late ) for edition 2020

← Older revision	Revision as of 21:12, 26 August 2022
(No difference)

Nate Russell: From staging June 2022

2022-06-21T18:27:55Z

From staging June 2022

Show changes

Nate Russell: Nate Russell moved page Separation to Separating and the Law: new title for edition 2020

2022-06-21T18:25:25Z

Nate Russell moved page Separation to Separating and the Law: new title for edition 2020

← Older revision	Revision as of 18:25, 21 June 2022
(No difference)

Nate Russell at 01:41, 1 August 2019

2019-08-01T01:41:09Z

← Older revision		Revision as of 01:41, 1 August 2019
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	===Links===		===Links===

	* [https://www.clicklaw.bc.ca/resource/4639 Legal Services Society’s Family Law website: Separation & Divorce]		*[https://www.clicklaw.bc.ca/resource/4639 Legal Services Society’s Family Law website's information page on Separation & Divorce]

	{{REVIEWED \| reviewer = [[Vanessa Van Sickle]], June 13, 2019}}		{{REVIEWED \| reviewer = [[Vanessa Van Sickle]], June 13, 2019}}

Nate Russell at 19:03, 30 July 2019

2019-07-30T19:03:35Z

← Older revision		Revision as of 19:03, 30 July 2019
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	<blockquote><blockquote><blockquote><tt>(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote></blockquote>		<blockquote><blockquote><blockquote><tt>(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote></blockquote>

	This is helpful, because the old ''Family Relations Act'' didn't talk about separation in any detail. However, the phrase in s. 3(4)(b), "the court may consider," suggests that this section isn't a comprehensive listing of things the court should consider, and the cases about separation are still very helpful. Here are some of the highlights:		This is helpful, because the old ''Family Relations Act'' didn't talk about separation in any detail. However, the phrase in section 3(4)(b), "the court may consider," suggests that this section isn't a comprehensive listing of things the court should consider, and the cases about separation are still very helpful. Here are some of the highlights:

	''[http://canlii.ca/t/gwfq9 Herman v. Herman]'', 1969 CanLII 839 (NS SC)		''[http://canlii.ca/t/gwfq9 Herman v. Herman]'', 1969 CanLII 839 (NS SC)
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	This ground for divorce has been abolished.		This ground for divorce has been abolished.

	Instead, s. 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.		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===		===Separation and children===

	Under s. 39(1) of the ''Family Law Act'', a parent is a guardian of their child both while the parents live together and they remain guardians even after separation.		Under section 39(1) of the ''Family Law Act'', a parent is a guardian of their child both while the parents live together and they remain guardians even after separation.

	Separation can be extraordinarily difficult on children. In most registries of the Provincial Court, couples are required to attend a Parenting After Separation program. This program, which is <span class="noglossary">brief</span> and free, teaches parents how to communicate with one another after separation and how to talk to their children about separation. It is an extremely useful program, and one which I encourage all separating parents to take. You can find more information about this program and other issues relating to children and separation in the chapter entitled [[Children in Family Law Matters\|Children]], in the section [[Parenting after Separation]].		Separation can be extraordinarily difficult on children. In most registries of the Provincial Court, couples are required to attend a Parenting After Separation program. This program, which is <span class="noglossary">brief</span> and free, teaches parents how to communicate with one another after separation and how to talk to their children about separation. It is an extremely useful program, and one which I encourage all separating parents to take. You can find more information about this program and other issues relating to children and separation in the chapter entitled [[Children in Family Law Matters\|Children]], in the section [[Parenting after Separation]].

Corinne Shortridge: /* Links */

2019-07-03T16:53:42Z

Links

← Older revision		Revision as of 16:53, 3 July 2019
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	===Links===		===Links===

	* [https://www.clicklaw.bc.ca/resource/4639 Legal Services Society’s Family Law ~~Website~~: Separation & Divorce]		* [https://www.clicklaw.bc.ca/resource/4639 Legal Services Society’s Family Law website: Separation & Divorce]

	{{REVIEWED \| reviewer = [[Vanessa Van Sickle]], June 13, 2019}}		{{REVIEWED \| reviewer = [[Vanessa Van Sickle]], June 13, 2019}}

Nate Russell: /* Resources and links */

2019-06-22T00:27:28Z

Resources and links

← Older revision		Revision as of 00:27, 22 June 2019
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	===Links===		===Links===

	* [https://www.clicklaw.bc.ca/resource/~~4647~~ Legal Services Society’s Family Law Website: Separation & Divorce]		* [https://www.clicklaw.bc.ca/resource/4639 Legal Services Society’s Family Law Website: Separation & Divorce]

	{{REVIEWED \| reviewer = [[Vanessa Van Sickle]], June 13, 2019}}		{{REVIEWED \| reviewer = [[Vanessa Van Sickle]], June 13, 2019}}

Corinne Shortridge: /* Becoming an unmarried spouse */

2019-06-21T22:45:42Z

Becoming an unmarried spouse

← Older revision		Revision as of 22:45, 21 June 2019
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	Someone who is separated but still married can become a spouse in an unmarried relationship. Not everyone is in a rush to get a divorce once a marriage breaks down, and some people don't get around to getting a divorce until many years have passed since they separated.		Someone who is separated but still married can become a spouse in an unmarried relationship. Not everyone is in a rush to get a divorce once a marriage breaks down, and some people don't get around to getting a divorce until many years have passed since they separated.

	If you are separated from your married spouse, you are still married and will continue to be married to that person until you get a divorce. If you ~~enter into~~ a new romantic relationship while ~~you are~~ separated, ~~and live with the~~ new ~~person in a "marriage-like relationship" for more than two years or have a child with that person, you will be considered to be in an~~ unmarried ~~spousal relationship; it doesn~~'~~t matter whether you~~'~~re divorced or not.~~		If you are separated from your ''married spouse'', you are still married and will continue to be married to that person until you get a divorce. If you start a new romantic relationship while separated from your ''married spouse'', this new partner can become your ''unmarried spouse'' if:

			*you live with the new person in a "marriage-like relationship" for more than two years, or
			*you have a child with the new person. It does not matter whether you're divorced or not.

	If you find that you're married and also in a new relationship that qualifies as a spousal relationship:		If you find that you're married and also in a new relationship that qualifies as a spousal relationship:

	*you may have an obligation to pay child support for your partner's children as a stepparent,		*you may have an obligation to pay child support for your new partner's children as a stepparent,
	*you will have an obligation to support any children you and your partner have together,		*you will have an obligation to support any children you and your new partner have together,
	*you may have an obligation to pay spousal support to your partner, and		*you may have an obligation to pay spousal support to your new partner, should you separate, and
	*there may be family property and family debt ~~that you might be required to share~~ with your partner.		*there may be a requirement to share family property and family debt with your new partner, should you separate.

	These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage.		These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage.