First, your official date of your separation will determine the beginning of any support payments and also the date on which any property is equalized between you and your partner. Second, and more importantly, you cannot be granted your divorce decree until at least one year after the date of your separation.
In Ontario, you must first clearly tell your spouse that it is your intention to “live separate and apart” which means that you intend to end the marriage. This date will become your Date of Separation.
Most commonly, living separate and apart, begins when a spouse moves out of the home with the intention of ending the relationship. However, there are many reasons why a spouse may not move out of the home and it is possible to still be living under the same roof but be considered separated, which may make the date of separation a little bit murky. You may want to ask a professional to help you determine when your date of separation began.
The easiest way to establish your date of separation is to have a conversation that clearly states, “I want to separate.” Your spouse does not need to agree with your intentions but does need to understand that you are officially breaking up with them and that the marriage is over.
Once you have established your date of Separation, your next task is for you and your spouse to create a Separation Agreement that addresses everything regarding your children, finances, property and support.
Family Lawyer Lindsay, Peterborough, Bancroft, ON
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