Commonly Overlooked Issues on Separation
What are commonly overlooked issues on separation in Barrhead, Alberta? Find out in this comprehensive guide by Driessen De Rudder Law Office.Ā
Separation and Divorce in Canada
If an adult relationship or a marriage doesnāt work anymore, a couple can decide to live apart from each other. The couple can be unmarried but living together in a common-law relationship, or they can be married.
Under Canadaās Constitution, the territorial, provincial, and federal governments share responsibility for family law issues. There is no such thing as a ālegal separationā in Canada. However, living apart from your partner for a year is one of the grounds for separation. Only legally married couples can divorce. But, an individual can be separated from their spouse and still be legally married.
On the other hand, a common law relationship is considered to have ended when the partners stop living together in an interdependent relationship.
When married and common law couples separate, it is important that all matters be addressed in a comprehensive separation agreement. Whether you and your partner are separating on good terms or not, consulting a divorce lawyer is recommended.
Even if the separating couple agrees on the terms of their separation agreement, certain issues, such as child support or division of property, may be overlooked. Obtaining legal advice from an independent legal counsel ensures that both partiesā rights are protected.
Keep reading to learn about some commonly overlooked issues on separation in Barrhead, Alberta.
Separation & Common Law Couples
In Alberta, common law relationships are defined as adult interdependent relationships. In other words, these relationships are established when a couple lives together for at least three years. This time period can be even shorter if they have a child together or have signed an Adult Interdependent Partnership Agreement.
Although only married couples go through divorce proceedings, the dissolution of a common law relationship can be similar in many ways. In other words, assets must be divided, and custody and child support must also be determined.
Common Law rights begin to be acquired as soon as people begin cohabiting; contrary to popular belief, it does not take six months or a year. This means that one party can sue another for division of property from the beginning of the cohabitation period. Therefore, if you are in a common law relationship, it is crucial to know your rights and obtain proper legal representation.
Some commonly overlooked issues are:
- Government-regulated child support;
- Partner support;
- Claims to the other partyās property;
- Inability to get a mortgage without a properly executed agreement.
Navigating a common law separation in Alberta can be complex, as well as emotionally and financially challenging. Co-habitation and pre-nuptial agreements, entered into at the start of any relationship, provide the best means of forestalling future controversies in the event of a relationshipās breakdown.Ā
Separation & Married Couples in Alberta
Separation in Alberta means you and your spouse live apart for at least one year. The separation period often passes without a court order or written agreement. In fact, you canāt get divorced before going through a separation in Alberta.
Separating couples often sign a separation agreement. It is a written agreement covering crucial matters such as child support and custody, how much spousal support will be paid, or how the property will be divided.
Issues that can get overlooked can include the following:
- Division of government and private pensions;
- Claims to each otherās estate;
- Health insurance coverage policies;
- Dower release registration.
Even a āsimpleā separation, in which both parties cooperate, requires that all matters be properly documented and that independent legal advice be provided. A properly prepared and executed separation agreement ensures peace of mind for the future.
Why Consulting a Divorce Lawyer is Recommended
Separation and divorce can be emotionally charged and complex. Even in amicable situations, it is always recommended to consult with a divorce lawyer for legal advice. They can help you navigate through the legal system and ensure that your rights are protected.
A divorce lawyer can also assist with:
- Drafting and reviewing separation agreements
- Providing legal representation in court if necessary
- Advising on division of property, assets, and debts
- Helping with child custody and support arrangements
- Negotiating spousal/partner support
- Ensuring all legal requirements are met for a divorce to be granted
In addition, a divorce lawyer can provide objective and unbiased advice during this difficult time. They can also help alleviate the stress and burden of navigating the legal system alone.
How Can Driessen De Rudder Law Office Help You?
Our experienced lawyers at Driessen De Rudder Law Office are well-equipped to assist you in all matters related to separation and divorce. We understand that this can be a difficult and emotional time, and we strive to provide compassionate and thorough legal advice.
Here are some ways in which we can help:
- Reviewing and drafting separation agreements: Our lawyers can help you negotiate and finalize a separation agreement that protects your rights and addresses all important issues.
- Providing independent legal advice: We offer unbiased legal advice to ensure that both parties’ interests are protected in a separation or divorce.
- Assisting with court proceedings: If there is a dispute regarding any aspect of the separation, we can represent you in court to protect your rights and interests.
- Offering guidance on overlooked issues: We have an in-depth understanding of common mistakes that can arise during separation and can help you avoid them, ensuring a smoother process.
- Navigating complex property division: Our lawyers have the knowledge and experience to properly assess and divide both assets and debts in a fair manner.
- Handling child custody and support matters: We can provide guidance on establishing a parenting plan, calculating child support, and addressing any issues that may arise during the separation process.
If you are considering separation or divorce, it is important to seek legal advice from a trusted and experienced family law lawyer.
Contact Driessen De Rudder Law Office Today
Separation can be devastating, whether or not there are children involved. If family violence or emotional abuse is present, a person can apply in the Alberta Court of Kingās Bench for an Exclusive Possession Order. The order can evict a violent partner and possibly impose a restraining order.
Furthermore, the order applies to married couples and those in a common-law relationship, even if the home is in the name of your spouse. The court imposing the order will consider both partiesā finances and the best interests of the children.
The lawyers at Driessen De Rudder Law Office have the knowledge and insight to navigate issues arising in the divorce process or separation, property division, and parenting arrangements matters. For more questions on commonly overlooked issues of separation, contact our Barrhead office. We offer phone consultation.