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Difference between revisions of "Separation and the Law"
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{{JP Boyd on Family Law TOC|expanded = separation}} | {{JP Boyd on Family Law TOC|expanded = separation}} | ||
Separation usually signals the breakdown of a | Separation usually signals the breakdown of a married or unmarried relationship. It can be one of the most traumatic stages in the conclusion of a relationship, but it can also lead to reconciliation and the resumption of life together as a couple. Separation occurs when one or both spouses decide that their relationship is over and say so; there's no need for a "legal separation", to hire a lawyer or to seek the approval of a judge. | ||
This page discusses the legal aspects of separation, the rules relating to reconciliation, and some of the other issues you may want to consider once you have separated or have decided to separate. It will also address some common questions about sex and new relationships after separation. The next page, ______________ , talks about the emotional dimensions of separation and how those emotional issues can influence the resolution of the legal issues. | This page discusses the legal aspects of separation, the rules relating to reconciliation, and some of the other issues you may want to consider once you have separated or have decided to separate, and applies to married spouses and unmarried spouses. It will also address some common questions about sex and new relationships after separation. The next page, ______________ , talks about the emotional dimensions of separation and how those emotional issues can influence the resolution of the legal issues. | ||
==Introduction== | ==Introduction== | ||
Although many people move out when they separate, others separate and remain living under the same roof. A physical separation is not necessary to separate, there must simply be an intention to end | Although many people move out when they separate, others separate and remain living under the same roof. A physical separation is not necessary to separate, there must simply be an intention to end the relationship and the intimacies and mutual support that a committed relationship usually involves. Often the decision to separate is made by both spouses, but it only takes one spouse to decide to end a relationship, and one spouse's decision to separate doesn't require the consent of the other spouse. | ||
Some people go to family lawyers to obtain a "legal separation. | Some people go to family lawyers to obtain a "legal separation". Separation is accomplished, in most cases, by simply leaving the family home with the intention of living separate and apart, although technically speaking it isn't necessary to move out at all. Once you or your spouse has left the family home or announced that the marriage is at an end, you're separated. There are no special legal documents to sign or file in court to become separated, and there is no such thing as a legal separation in British Columbia. | ||
Everyone is entitled to separate if they wish to end a | Everyone is entitled to separate if they wish to end a relationship, and you don't need to see a lawyer to do so; the function of the family law lawyer is to assist in the resolution of the issues arising from the breakdown of the relationship. | ||
Now, to be fair, what people often mean by "legal separation" is a separation agreement. This is | Now, to be fair, what people often mean by "legal separation" is a ''separation agreement''. This is something else altogether. A separation agreement is a contract in which a couple writes down their agreement about how the children will be cared for, how their property will be shared, how child support and spousal support will be paid, if they're to be paid at all, and usually has nothing at all do with whether a couple have separated or not. Separation agreements are not always necessary, and you can't be forced to sign a separation agreement. See the chapter ______ for more information about family law agreements. | ||
===The Date of Separation=== | |||
Under the old ''Family Relations Act'', married spouses rarely argued about when they separated. It could be important for unmarried spouses because their ability to ask for spousal support depended on whether they started a court proceeding within one year of the date of separation. | |||
Under the new ''Family Law Act'', the date of separation has become very important for married and unmarried spouses. The date of separation is the date that: | |||
#each spouse's one-half interest in the family property crystallizes; | |||
#the spouses stop accumulating family property and begin accumulating their own personal property; | |||
#the spouses stop accruing family debt and begin accruing their own personal debt; and, | |||
#begins the two-year period within which unmarried spouses must begin a court proceeding about spousal support and property if settlement can't be reached. | |||
Married spouses rarely argue about exactly when they separated. This issue most frequently crops up for common-law couples, because limitation periods with respect to claims for spousal support and child support for step-children begin to run from the date of separation. For married couples, there are no limitation periods that hinge on separation, but the date can still be important if there is a marriage agreement which ties rights or obligations to the duration of the marriage. | Married spouses rarely argue about exactly when they separated. This issue most frequently crops up for common-law couples, because limitation periods with respect to claims for spousal support and child support for step-children begin to run from the date of separation. For married couples, there are no limitation periods that hinge on separation, but the date can still be important if there is a marriage agreement which ties rights or obligations to the duration of the marriage. | ||
