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Difference between revisions of "Separation and the Law"

From Clicklaw Wikibooks
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Under the old ''[[Family Relations Act]]'', married spouses rarely argued about when they separated. The issue was sometimes 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 old ''[[Family Relations Act]]'', married spouses rarely argued about when they separated. The issue was sometimes 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:
Under the new ''[[Family Law Act]]'', the date of separation has become very important for both married and unmarried spouses. The date of separation is the date that:


*each spouse's one-half interest in the family property crystallizes,  
*each spouse's one-half interest in the family property crystallizes,