Separation is a significant life event that marks the end of a marital or common-law relationship. In Ontario, the legal and emotional implications of separation can be complex and challenging. At Chohan & Chatha LLP, we strive to help our clients navigate this process with clarity, compassion, and confidence. This article provides a detailed overview of what separation entails in Ontario, including legal considerations, practical steps, and available legal remedies.
In Ontario, separation occurs when spouses decide to live apart with the intention of ending their relationship. Unlike divorce, separation does not require a court order. Spouses can be considered separated even if they live in the same home, as long as they are no longer living together as a couple in an intimate and committed relationship.
Separation has legal consequences, especially in terms of property division, spousal support, child custody, and child support. While you are not legally divorced, your rights and responsibilities may still change. It is crucial to seek legal advice and consider entering into a separation agreement to formalize the terms of your separation.
A separation agreement is a legally binding contract between spouses that outlines the terms of their separation. This may include:
- Division of property and debts
- Child custody and access arrangements
- Child support and spousal support obligations
- Possession of the matrimonial home
At Chohan & Chatha LLP, we help draft and negotiate clear and fair separation agreements that reflect your best interests.
Separation can give rise to a number of disputes and concerns, including:
- Determining the official date of separation
- Handling joint financial obligations and accounts
- Temporary living arrangements
- Parenting schedules and decision-making responsibilities
It is important to document all decisions in writing and seek legal counsel early in the process.
Whether you are considering separation or already separated, legal guidance is essential to protect your rights and ensure fair outcomes. Our experienced family lawyers at Chohan & Chatha LLP are here to provide the support you need, from initial consultations to final agreements or litigation if necessary.
Separation can be emotionally taxing and legally intricate. At Chohan & Chatha LLP, we are committed to helping you understand your options, make informed decisions, and move forward with confidence. Contact us today to schedule a consultation and begin the next chapter of your life with trusted legal support.
Gordon v. Goertz, [1996] 2 S.C.R. 27 [mobility, best interests of the child, variation of custody and access orders, material change in circumstances]
Young v. Young, [1993] 4 S.C.R. 3 [religion, rights of an access parent, best interests of the child]
Kaplanis v. Kaplanis (2005), 249 D.L.R. (4th) 620 (Ont. C.A.) [joint custody, best interests of the child]
Ladisa v. Ladisa (2005), 193 O.A.C. 336 (C.A.)
Linton v. Clarke (1994), 21 O.R. (3d) 568 (Div. Ct.) [assessments]
Glick v. Cale, 2013 ONSC 893 [assessments]
R. v. F., 2015 ONCA 277 [value of critique reports of s. 30 assessments under the CLRA]
A.M. v. C.H., 2019 ONCA 939 [best interests of child generally, conduct of parent, alienation of affection, ability to order counselling for children]