Do You Need a Lawyer for Your Separation? Pros, Cons, and Practical Tips
Do you need a lawyer for your separation? If you’re going through a separation on the way to a divorce, you’ve probably wondered: “Do I actually need a lawyer for this early stage, or can I handle things myself?” It’s a fair question. Lawyers can seem intimidating (and, let’s be honest, expensive), and there’s a lot you might feel comfortable sorting...
Rules for Living Together While Separated – Tips from a Family Lawyer
It’s common for couples to live together before marriage—but what about after separation? If you’re newly separated, then there may be financial realities, such as rising house costs and job market instability, that are making it impractical for you to move out into separate residences immediately. Under Canadian law, having an official separation date is the first step towards qualifying for...
Legal Separation vs. Divorce in Ontario: Understanding the Differences
If your marriage has irrevocably broken down, you and your spouse will face a pressing and important decision about how to move forward. Two common paths are: 1) separation; and 2) divorce. Each of these has distinct legal implications under Ontario law. This blog will briefly explore these concepts – and highlight the important differences – so you can make an informed decision on what to...
What’s My Legal Date of Separation?
It may seem odd, but in some divorce scenarios, you and your spouse may not agree on the exact date you officially separated from each other. This uncertainty could arise for many reasons. Financial pressures, a poor real estate market, or job losses may have forced you to continue living under the same roof until you can afford separate residences. Or, perhaps you had some brief attempts at...
Canadian Family Law 101: Property Acquired After Separation – But Before Divorce
Most married couples will be familiar with a basic principle of Canadian Family Law: That any assets they acquired during the marriage are subject to an equalization process upon separation and divorce. In Ontario, that process is governed by the provincial Family Law Act, R.S.O. 1990, c. F.3 (FLA). But what about property that one of them acquired after their separation date? For example,...
Legal Separation: What to Consider When Living Separate and Apart in the Same Residence
In these tough economic times, many married couples may want to separate – but find they simply can’t afford to. That’s because they may not have the financial means to set up two separate homes, and officially start down the road toward getting a formal divorce from each other. A question we often get asked at our firm is whether, under Canadian law, it’s possible to be legally separated but...
What is Legal Separation?
When a marriage isn’t working out, and a couple is ready to move on from the relationship, many people automatically assume that divorce is the next step in ending the marriage. There is a law in Ontario that states couples must be legally separated for at least one year before they can file for divorce. So, what is a legal separation? Here’s what you need to know. What is a legal separation?...
Separating During COVID-19: 5 Things to Consider
The added stress and anxiety caused by the COVID-19 pandemic has taken its toll on many Canadian marriages, and we have certainly seen an increase in the number of separations and divorces. But separating during a pandemic brings its own challenges. The following are a few things that you should consider if you are going through a separation during COVID: 1. Consider your divorce options Most...
Managing Your Child’s Expectations While Separated During COVID
The COVID-19 has put stress on all parents in ways that many could not expect. For parents already dealing with the stress associated with being separated and having to come to agreements with their ex over co-parenting issues, there are some unique challenges. Children may find that their routine is disrupted, and expectations may have to be managed. The following are a few tips to help your...