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Difference between revisions of "Separation and the Law"

From Clicklaw Wikibooks
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===Married spouses===
===Married spouses===


The ''Divorce Act'' contains a number of provisions intended to discourage divorce and encourage spouses to remain together. Section 8(3)(b) of the act provides that:
The ''[[Divorce Act]]'' contains a number of provisions intended to discourage divorce and encourage spouses to remain together. Section 8(3)(b) of the act provides that:


<blockquote><tt>A period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated</tt></blockquote>
<blockquote><tt>A period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated</tt></blockquote>
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===Unmarried spouses===
===Unmarried spouses===


Because unmarried couples don't need to get divorced, the ''Family Law Act'' has no similar provisions about separation and attempts at reconciliation, except in relation to property. Section 83(1) says this:
Because unmarried couples don't need to get divorced, the ''[[Family Law Act]]'' has no similar provisions about separation and attempts at reconciliation, except in relation to property. Section 83(1) says this:


<blockquote><tt>For the purposes of this Part, spouses are not considered to have separated if, within one year after separation, </tt></blockquote>
<blockquote><tt>For the purposes of this Part, spouses are not considered to have separated if, within one year after separation, </tt></blockquote>