Divorce isn’t an option for everyone. Fortunately, Ontario’s separation laws allow you to divide your assets, parenting time, and decision-making responsibilities without formally dissolving your marriage. Working with a separation lawyer in Kawartha Lakes can let you explore the extent of Ontario’s separation laws before drafting a formal agreement with an ex-partner.
Russell Alexander Family Lawyers wants to work with couples from all backgrounds. Our support can make it easier to understand whether or not a separation agreement might suit your needs. Our Kawartha Lakes family lawyers can then work with you to craft a separation agreement that fairly establishes your financial and parental responsibilities.
Our law firm has proudly offered empathetic and compassionate family law services to Kawarha Lakes families since 1998. Contact us today to learn more about how our suite of services can make your upcoming separation simpler.
What Does It Mean to Legally Separate From a Spouse?
Legally separating from a spouse lets you live apart from an ex-partner without formally dissolving your marriage. Certain religions frown upon formal divorces, as do certain cultures. If you want to pursue a life separate from a previous partner while honoring those practices, legal separations provide a perfect opportunity to do so.
People without a religious or cultural aversion to divorce can use a separation to see if they might live a happier or more fulfilling life without their spouse. A separation can give two partners the time and space they need to determine whether or not they want to save their marriage.
Does Separating Mean You’re Getting Divorced?
Separating from a partner does not mean that you’re getting divorced. Instead, separations indicate that two people intend to divide their assets and applicable parenting responsibilities between them while living apart.
However, separations can preclude divorces, especially if two partners realize that they’re happier without one another. If you decide you want to escalate a separation into a divorce, Russell Alexander Family Lawyers can connect you with an attorney who can oversee your divorce proceedings.
Do You Need to Mediate With a Spouse Before Legally Separating From Them?
Ontario and Kawatha Lakes do not require couples to undergo mediation before pursuing a formal separation or divorce. While mediation can make it easier to pursue an amicable separation, it may not be an option for partners trying to escape from abusive relationships or dealing with highly contentious proceedings.
Our separation lawyers in Kawartha Lakes understand that legal support can reduce any friction that might crop up during separation proceedings. At the same time, we can protect a family’s right to fair financial support and parenting plans. You can discuss how we can tailor our services to fit your circumstances during a consultation with our separation lawyers.
What Rights Do You Have After Separating?
Legally separating partners have the right to live in the same home, unless Ontario’s courts deem otherwise. It’s important to establish residential rights in a separation agreement to prevent conflict as two partners grow apart.
Additionally, separating spouses retain the right to spousal support, particularly in instances where one partner makes considerably more than the other. Our Kawartha Lake, ON, separation lawyers can help couples hammer out the logistics of spousal support by assessing the longevity of their marriage and the support offered throughout that partnership.
Both partners also retain parenting rights over any children that they share, barring rulings made in instances of abuse, drug use, or other inappropriate conduct. Likewise, separating couples must come to an agreement about the division of their assets, including family homes, pensions, and retirement funds (barring certain exceptions applicable on a case-by-case basis).
How Can a Kawartha Lakes Separation Lawyer Help You?
Working with an experienced separation lawyer allows you to establish a separation agreement while formally stepping away from your partnership. Separation agreements allow you to hammer out the details of your requested financial support, including spousal and child support.
You can also work with our team to work out the logistics of decision-making rights for your children, as well as parenting time and preferred custody schedules. We can also oversee the equalization of net family property, ensuring that you and an ex-partner share debts, investments, and other financial assets accordingly.
A strong separation agreement does more than make it easier for you to protect your financial interests and reduce conflict during your separation. If you do opt to pursue a divorce at a later date, a separation agreement can form the bedrock of your post-divorce decision-making and parenting time arrangements. It can also:
- Establish clear guidelines regarding your relationship with and responsibility for your and a partner’s shared children.
- Address the unique facets of your separation.
- Ensure that Ontario’s family courts legally recognize your separation and enforce the agreement accordingly.
Can You Remarry After Separating From a Partner?
Legally separating from someone does not give you the right to remarry someone else. If you want to pursue a formal romantic partnership with someone else, you need to divorce your previous partner.
Don’t Wait to Contact a Kawartha Lakes Separation Lawyer
Legally separating from an ex-spouse doesn’t dissolve your marriage like a divorce might, but it still gives you the opportunity to start your life over again. All the while, you can maintain specific rights and support systems.
Our Kawartha Lakes, ON, separation lawyers want to make it as easy as possible for you to pursue family law solutions that suit your circumstances. We can help you break down the logistics of the separation process and pursue an equalization of net family property, as well as the division of decision-making responsibilities and parenting time.
We do this so you can build the life you want. Contact us today to sit down with our experienced legal team and discuss what you want out of your upcoming separation.
