Separation is a legal concept and is the time when a married or common law couple either expressly inform one another that they intend to separate or take an action which on its’ own represents separation and end to the marriage or common law relationship. You are not required to sign any documents to formally separate, however, written evidence of the separation is often needed. While there is no specific legal definition of separation, it does require physical separation and recognition by at least one of the parties that the relationship is at an end. While the couple going through the separation may live in the same family home during the separation, they will need to establish that they are living separate and apart despite being under the same roof.
Separation agreements are usually prepared to help organize the affairs related to debt, family property, household expenses and parenting if there are children involved. Separation agreements are also often required by banks before a bank will give a separated spouse or common law partner refinancing or mortgage approval. While separation ends a common-law relationship, if you are married, separation is only the first step as a divorce court order is needed to end a valid marriage.
Before separating from your partner, it’s important to take a few steps to collect and arrange information including:
- A catalogue of you and your spouse’s assets and liabilities;
- A detailed catalogue of monthly expenses;
- A parenting plan if any children are involved; and
- Detailed income information.
If you are unsure about collecting detailed information that you need, our dedicated family law attorneys can help at every stage of the separation and divorce process including arranging:
- Division of property and assets;
- Child custody and guardianship; and,
- Child and spousal support.
If you or your spouse decide that a separation is in order, it’s best to contact a divorce lawyer at the earliest possible stage. A divorce lawyer can help you become aware and understand separation laws in British Columbia before you start the process.
The lawyers at Nirwan Law are experienced in separation and divorce matters. Our divorce lawyers can help you split from your partner, negotiate terms and file any necessary documents for a legal separation or divorce.
Contact Nirwan Law divorce lawyers for legal advice on how best to proceed with a separation or divorce. We are able to help both inside and outside the courtroom and work with you to ensure that you are treated fairly when it comes to the division of property and assets, the creation of child custody plans or any child support or spousal support payment plans. We’re here to help answer your questions and help you understand how a separation will affect your rights and financial status.