Separation and the Law: Difference between revisions
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{{JP Boyd on Family Law TOC|expanded = separation}} | {{JP Boyd on Family Law TOC|expanded = separation}} | ||
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| link = [http://www.familylaw.lss.bc.ca/legal_issues/divorceBasics.php Divorce and Separation basics] | |||
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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. | ||
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===Wills=== | ===Wills=== | ||
Separation may stop an unmarried spouse from making claims under the ''[http://canlii.ca/t/840g Estate Administration Act]'' and the '' | Separation may stop an unmarried spouse from making claims under the ''[http://canlii.ca/t/840g Estate Administration Act]'' and the ''[http://canlii.ca/t/84g0 Wills Variation Act]''. These laws allow an unmarried spouse to claim a share of the estate of his or her deceased spouse, but only if the spouses were living together at the time of the death. | ||
Separation has no effect on the ability of married spouses to make claims under the ''Estate Administration Act'' and the ''Wills Variation Act''. Married spouses claim a share of the estate of his or her deceased spouse as long as they are still married, whether they're separated or not. | Separation has no effect on the ability of married spouses to make claims under the ''Estate Administration Act'' and the ''Wills Variation Act''. Married spouses claim a share of the estate of his or her deceased spouse as long as they are still married, whether they're separated or not. | ||
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You should see a wills and estates lawyer for help making or changing a will. | You should see a wills and estates lawyer for help making or changing a will. | ||
When married spouses are divorced | When married spouses are divorced a former spouse cannot act as executor of the deceased spouse's estate and any specific gifts to the former spouse are cancelled. | ||
===Powers of attorney and other authorizations=== | ===Powers of attorney and other authorizations=== | ||
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These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage. | These obligations are in addition to whatever obligations you have to your married spouse and any children from your marriage. | ||
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==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
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==Page | ==Page resources and links== | ||
===Legislation=== | ===Legislation=== | ||
* | * ''[[Family Law Act]]'' | ||
* ''[[Divorce Act]]'' | |||
* ''[http://canlii.ca/t/840g Estate Administration Act]'' | |||
* ''[http://canlii.ca/t/84g0 Wills Variation Act]'' | |||
===Links=== | ===Links=== | ||
* | * [http://clicklaw.bc.ca/resource/1640 Legal Services Society’s Family Law Website: Separation] | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||