Title: Separation and Divorce: Is There a Difference Between the Two?
1Separation and Divorce Is There a Difference
Between the Two?
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2In Ontario, there is a difference between
separation and divorce. It is essential for you
to understand these differences and what they
mean.
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3The Family Law Act in Ontario considers a legally
married couple separated the moment they start
living apart and there is no reasonable
likelihood they will resume cohabitating in the
future.
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4That date, known as the date of separation
establishes the date to be used for the valuation
of family property. The Divorce Act, a federal
statute, governs the process of obtaining a
divorce.
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5If you and your spouse decide to separate and
live apart, it is in both of your best interests
to consult with your own family law lawyers. You
may want to create a separation agreement to
resolve all issues between you arising out of
your marriage or relationship.
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6The agreement can address various concerns the
couple may have in regards toSpousal
SupportCustody of Minor ChildrenChild
SupportChild Visitation Division of Matrimonial
PropertyDisposition of the Matrimonial Home
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7It is important to keep in mind being separated
is not the same as being divorced. Some couples
do decide to separate, obtain a separation
agreement and simply live apart without actually
finalizing the divorce.
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8The reason some couples separate but do not get
divorced can be related to certain medical or
financial reasons or they simply choose not to
complete the paperwork to finalize the issue.
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9They might have pension and retirement plans or
private health coverage that would affect one
persons interest if they finalized the divorce.
Some plans, for example, provide coverage for a
married spouse in spite of separation, so long as
they are married.
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10The couple could also have concerns about how the
divorce will affect their minor children, so they
choose to remain married but live apart until the
children are older. However, until the divorce is
finalized, neither couple can get remarried since
they are still legally married.
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11A divorce is the process required to legally end
the marriage. This is governed by the Divorce
Act. . Once finalized, either person can then get
legally remarried, if they so desire.
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12In order for the Courts to recognize a divorce,
the couple must demonstrate that they have lived
apart for at least one year, or prove cruelty or
adultery.
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13In addition, the Courts have a responsibility to
ensure the divorcing couple has come to mutually
acceptable and adequate divorce arrangements.
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14If the Courts feel the agreement is inadequate or
fails to address the best interests of the minor
children, they can delay granting the divorce
until the couple resolves any outstanding issues.
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15In the event a couple cannot work out an adequate
divorce agreement, then the Court will delay the
processing of a divorce judgment and the parties
may have to present legal arguments before the
Court to finalize their arrangements in
accordance with the Divorce Act.
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16Furthermore, the Court must be satisfied that the
parties have not reconciled and have no intention
to do so.
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17Is My Separation (Divorce) Agreement Final?The
division of matrimonial property and disposition
of the matrimonial home cannot be altered once
finalized.
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6008
18However, the terms and conditions of a separation
agreement or divorce judgment can be varied in
regards toChild SupportChild Access and
VisitationChild Custody Spousal Support
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6008
19If it can be shown that there has been a change
in circumstances since the signing of the
original agreement or the processing of the
divorce judgment, then changes can be requested.
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20It is not uncommon for there to be changes in
incomes, changes in the needs of the children and
other factors that require making modifications
that benefit both parties. Under those
circumstances, either an amendment to the
agreement or a variation of the court order or
divorce judgment is required.
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6008
21If you are considering separation or divorce, or
have other questions about divorce proceedings,
please feel free to contact Davies Law Firm at
(613) 688-0462 to schedule a free consultation
today!Source - http//www.daviesdivorcelaw.com/
separation-divorce-difference-two/
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6008