Separation and the Law: Difference between revisions
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*the spouses stop accruing family debt and begin accruing their own personal debt, | *the spouses stop accruing family debt and begin accruing their own personal debt, | ||
*starts the two-year period within which unmarried spouses must begin a court proceeding for the division of property and debt, if settlement can't be reached (the two-year period for married spouses starts on the date of their divorce), | *starts the two-year period within which unmarried spouses must begin a court proceeding for the division of property and debt, if settlement can't be reached (the two-year period for married spouses starts on the date of their divorce), | ||
*begins the two-year period within which unmarried spouses must begin a court proceeding for spousal support, if settlement can't be reached (the two-year period for married spouses starts on the date of their divorce) | *begins the two-year period within which unmarried spouses must begin a court proceeding for spousal support, if settlement can't be reached (the two-year period for married spouses starts on the date of their divorce). | ||
The chapter on the division of property and debt talks about the first four issues in more detail; the chapter on spousal support talks about the last issue. | The chapter on the division of property and debt talks about the first four issues in more detail; the chapter on spousal support talks about the last issue. | ||
Spouses do not need to move out in order to be separated. What's needed is for at least one spouse to reach the conclusion that the relationship is over, say as much to the other spouse, and then begin behaving as if the relationship is over. That usually means stopping behaving like a couple, stopping sleeping together, stopping doing chores and tasks for each other and so on. Section 3(4) of the ''Family Law Act'' talks about separation: | Spouses do not need to move out in order to be separated. What's needed is for at least one spouse to reach the conclusion that the relationship is over, to say as much to the other spouse, and then begin behaving as if the relationship is over. That usually means stopping behaving like a couple, stopping sleeping together, stopping doing chores and tasks for each other and so on. Section 3(4) of the ''Family Law Act'' talks about separation: | ||
<blockquote><tt>For the purposes of this Act,</tt></blockquote> | <blockquote><tt>For the purposes of this Act,</tt></blockquote> | ||
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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" | 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 the 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. | ||
''Herman v. Herman'', Nova Scotia Supreme Court, 1969: | ''Herman v. Herman'', Nova Scotia Supreme Court, 1969: | ||
