The term “legal separation” is often misused and frankly, misunderstood. I often have individuals calling me because, as they say, they want "a legal separation".....
Whether a couple is separated or not is a question of fact. It is sufficient for one party to give effect to a separation, by their actions. The other side does not have to be in agreement with the separation for it to occur.
Contrary to a prevailing notion, a separation of a couple does not have to be registered anywhere or legally confirmed in writing in order to take effect.
In Ontario, the date of separation is relevant to at least two issues, namely, the divorce and the equalization of net family property (property division).
For more information, I encourage you to seek legal advice from someone who routinely practices in this area of the law.
Whether a couple is separated or not is a question of fact. It is sufficient for one party to give effect to a separation, by their actions. The other side does not have to be in agreement with the separation for it to occur.
Contrary to a prevailing notion, a separation of a couple does not have to be registered anywhere or legally confirmed in writing in order to take effect.
In Ontario, the date of separation is relevant to at least two issues, namely, the divorce and the equalization of net family property (property division).
For more information, I encourage you to seek legal advice from someone who routinely practices in this area of the law.
Work by Gerard Dubois
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