If you have children, you are not permitted to leave the home with the children without the consent of the other parent or a Court Order.
However, if you leave without the children you may be prejudicing your rights to custody of the children.
As with divorce, a legal separation is about ending one life and starting another, getting a new center of balance and making it work spiritually, emotionally and practically.
Whether your legal separation leads to divorce or reconciliation you want to behave during the separation in a way that means getting the most out of what you are trying to do.
For couples without children, sorting out finances and establishing a fair division of assets with a minimum of rancour and unhappiness is key.
Although the Divorce Act provides for both fault-based and no-fault divorces, almost all couples who eventually proceed with a divorce these days use the no-fault "one-year separation" as the basis of establishing a permanent marriage breakdown.
Also, it can be difficult for you to gain access to the home later on to retrieve your belongings.
That's not to say that as lawyers we are not concerned about how our clients are affected by the end of a relationship; but we know that an appropriate referral to a skilled counsellor, a support group or a divorce coach may be much more helpful and effective in navigating this major life transition.
Contact Pam Mac Eachern at [email protected] by calling 613-231-8276.
Read more articles related to family law or visit our Family Connection blog to read our posts on family law issues.
Below is a list of behaviors that will either work in your favor or work against you: 1.
Being a Jerk: Don’t engage in behaviors that will be hurtful to your spouse or your children.