Separation and the Law: Difference between revisions
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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 committed 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. | 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 committed 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 | This section 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. The information applies to married spouses and unmarried spouses. | ||
This section will also address some common questions about sex and new relationships after separation. The next section, [[Separating Emotionally]] , 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 | 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. | ||
Some people go to family law lawyers to get a "legal separation" | Often the decision to separate is made by both spouses, but it only takes one spouse to decide to end a relationship, and a spouse's decision to end a relationship doesn't require the consent of the other spouse. | ||
Some people go to family law lawyers to get 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 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. | 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 something else altogether. A separation agreement is a contract that a couple use to record their agreement about things like how the children will be cared for, how their property will be shared, how child support and spousal support will be paid | 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 that a couple 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 are not always necessary, and you can't be forced to sign a separation agreement. | ||
See the section[[Separation Agreements]] for more information about separation agreements. | |||
===The date of separation=== | ===The date of separation=== | ||
