SEPARATION
The parties may try and resolve most if not all issues among themselves and then go to a lawyer
to have a formal separation agreement drawn up. If agreement cannot be reached , either party
may commence court action to settle matters.
IF you and your spouse have decided to separate , what things must be considered?
1. CUSTODY - the courts indicate that the best interests of the children is their overriding
consideration. Try and resolve custody in this framework.
2. ACCESS - unless it is shown to the court that access is not in the child’s best interest , the
non custodial spouse will always be granted access
3. CHILD SUPPORT - In Ontario , the discretion is now out of the court’s hands and support
will be granted to the custodial spouse in accordance with the Child Support Guidelines.
http://www.e-laws.gov.on.ca/DBLaws/Regs/English/970391_e.htm
4. SPOUSAL SUPPORT- if you are unable to support yourself..and your spouse is in a financial
position to support you , you may be entitled to spousal support. However , the Family Law
Act does require that you become self supporting as soon as possible
5. PROPERTY DIVISION - all family assets ( and debts) are to be divided equally . However,
if you received gifts or inheritances , these may be excluded from the calculations under
certain circumstances.
For some additional information on separation , go to:
Separation info
For information on Canada Pension Plan credit splitting , Click here
DIVORCE
To get a divorce, you will have to show that your marriage has broken down. The law says
marriage breakdown has occurred if:
- you and your spouse have lived separate and apart for one year with the idea that your
marriage is over; or
- your spouse has committed adultery (had sexual intercourse with someone else) and you
have not forgiven your spouse; or
- your spouse has been physically or mentally cruel to you, making it unbearable to
continue living together. Cruelty may include acts of physical violence and those causing
severe mental anguish.
If all issues of custody , access , support , and property division have been resolved by a
separation agreement or court order , the divorce can proceed on an uncontested basis.
Although you can start a divorce before the one year separation period is up , the court cannot
hear the matter until you have been separated for a full year if you are seeking a divorce based on
separation.
Contact us and we can assist with the negotiating of a separation agreement , handling a court
application for custody, access , support , or property division, or seeking a divorce.
