Separation occurs when one party living with another party in a marriage or common law relationship determines that he or she does not want to continue with the relationship. It does not need to be recognized by a written Agreement or court order to be a separation.
Typically, separation will involve a physical separation with one party leaving the home, however, under certain circumstances two people may be considered separated while still living in the same home. In other cases, parties may reside apart prior to separation.
As family law rights and obligations are determined as of the date of separation – and there are deadlines for some claims – it is important to seek legal advice as soon as possible after separation.
A divorce is the legal dissolution of a marriage by a court. It is governed by the Divorce Act and applies to all provinces in Canada.
We handle uncontested divorces where there are no corollary issues, as well as divorces that include custody, support, and property matters. A divorce will not be granted unless the parties can establish that reasonable arrangements have been made for the financial support of the children. Additionally, a Separation Agreement or court order outlining these arrangements is typically required.
If you choose to pursue a divorce under the federal Divorce Act, the Family Law Group will guide you through the process every step of the way.