Written by: Naa Lansana
When it comes to separation, individuals have varying ideas of what that entails. Notions have emanated from popular TV shows, from celebrity break-ups and ensuing salacious details splattered across tabloid pages, but also through sobering personal experiences.
It bears noting that in Canada, separation has a very specific meaning. Often, clients reach out expecting to apply to separate from their spouses; ultimately receiving a document that states that they are officially separated. The reality, however, is different. To be separated means that a married or common-law couple have decided to live apart with no reasonable prospect of resuming their relationship. The separation date is noteworthy, as it plays a critical role in determining issues such as the values to be attributed to property at separation.
Moreover, couples can live apart in the same residence. Partly as a result of jarring economic realities and parenting considerations, at times, separated couples do live separate and apart under the same roof. Particularly if there are children living in the home, couples should understand their rights and responsibilities prior to vacating the shared residence.
Once separated, there are consequences that ensue depending on whether it was a marriage or common-law relationship. Parenting, child support, spousal support and property are all issues that may need to be addressed depending on the couple’s particular circumstances. Thus, it is imperative that separating couples seek clarity on their entitlements and obligations.
For more information on separation or other legal matters, contact MUNERA Lawyers.
