After the decision to separate or divorce is made, one or both spouses will take steps to arrange a consultation with a family lawyer. The first question that I am asked is “How do I separate from my spouse?” Often clients are surprised to discover that they may already be separated.
What is a legal separation?
Under Ontario family law, separation occurs when the spouses are living “separate and apart” with no reasonable prospect that they will resume cohabitation. It is not necessary to be living in physically separate houses in order for a couple to be separated, however. A couple that continues to live under the same roof may be separated, depending upon the facts of their situation.
Under Ontario family law, separation is a legal status that is determined according to the facts of a particular situation. Factors that may indicate that a couple has separated include such things as: separating joint finances, ending physical intimacy, not sharing meals together, not presenting as a couple to the world, not attending family functions together, and so on.
The client asking the question “How do I get a legal separation?” usually wants information about the process of ending the partnership of married life. To read more about the process of separation, click here. Or give me a call at my St. Thomas Family Law Office.
Do you have questions about negotiating a Separation Agreement with your spouse? Reach out. We can help.
