Vancouver Family Separation Lawyers 1-877-602-9900 ensure you are not deprived of fair support and property rights, so don’t delay or dispose of these valuable rights. Different property rules apply for persons living in BC and Alberta and unmarried persons are not treated the same as married persons in Calgary and Alberta whereas they are in BC after living together for over two years. Hiring a top lawyer like of one MacLean Law’s top rated Vancouver Family Separation Lawyers makes sense if you want the fullest protection and guidance possible.
Defining the spousal relationship: are you a “spouse” and what is “separation”?
Top Vancouver Family Separation Lawyers know that under BC’s Family Law Act spouses are persons who are married to each other, OR who have lived together in a “marriage like relationship” for a continuous period two or more years or who are former spouses. A relationship between spouses begins on the earlier of the date in which they began to live together in a marriage-like relationship (i.e., cohabitation) or the date of their marriage.
Being separated gives rise to important support and property rights whether you are married or are in an unmarried but “marriage like” relationship. Pick up the phone and call us toll free in BC or Alberta at 1-877-602-9900 or click here the minute you think you may be separated to ensure you are not prejudiced and deprived of support or property relief. We have 7 offices across Western Canada in downtown Vancouver, Surrey, Richmond, Kelowna, Fort St John, Calgary and Winnipeg.
Vancouver Family Separation Lawyers Help Determine If and When You Separated
The legal concept of “separation” can be confusing. Stakes are high on this issue as it is the only triggering event under our Family law Act. All that is required for separation is one spouse’s intent to separate. Indeed, the “date of separation” is frequently a contested issue in family law proceedings, particularly where there is significant family property to divide. Family property is all property in existence as of the date of separation minus “excluded property” including inheritances, gifts and property owned by a spouse prior to the relationship. If you and your spouse intend to separate, it may be advisable to keep written documentation of the intention to separate, should a dispute arise later on. Please see the blog BC Separation Property Division Lawyers on limitation periods for making claims pertaining to family property.
Under the Divorce Act, which only applies to married persons, you cannot apply for a divorce unless you’ve been living “separate and apart” for at least one year. A period during which spouses have lived “separate and apart” will be interrupted if the spouses resume cohabitation for a period of more than 90 days with reconciliation as its primary purpose.
You can continue to live in the same residence as your ex-spouse and still be separated. The court may look at factors such as whether you share the same bed or represent yourself as a couple. Often finances prevent parties from moving out but what if the court determines you were separated for over 2 years and can’t make a claim even though you were living in the same house! Don’t delay finding out what the rights and the rules for those rights are or you may regret it.
Vancouver Family Separation Lawyers Warn Deadlines For Support and Property Rights Apply So Don’t Procrastinate
Although the Family Law Act does not define separation, we can look to court decisions to provide some guidance. In the oft cited decision of Dediluke v. Dediluke 2000 BCSC 487, the court provide some guidance. Although the decision related to the wording of the Divorce Act, the decision is nonetheless helpful in determining what separation involves, generally.
Vancouver Family Separation Lawyers Alert: Remember only 1 spouse needs to form the intent to separate it does not have to be mutual!
[62]“…there may be physical separation of the parties without there being a finding that the parties are living ‘separate and apart’.” Rather there must be an intention to end the matrimonial relationship Dorchester v. Dorchester (1971), 3 R.F.L. 397 (B.C.S.C.) at pg.398.
[63] “As long as the spouses treat the parting or absence, be it long or short, as temporary and not permanent, the couple is not living separately even though physically it is living apart. In order to come within the clear meaning of the words ‘separate and apart’ in the statute, there must need be not only a physical absence one from the other, but also a destruction of the consortium vitae or as the act terms it, marriage breakdown.” Herman v. Herman (1969), 3 D.L.R. (3d) 551 (N.S.S.C.).
[64] “The words ‘living separate’ connote an attitude of mind in the spouses in which they regard themselves as withdrawn from each other.” Hills v. Hills (1969), 1 R.F.L. 236 (N.S.S.C.).
[65] “While the mere living separate and apart of the spouses may not be conclusive of the fact that there has been a permanent breakdown of the marriage, especially in cases where the separation may have been brought about … by enforced hospitilization … all of the circumstances accompanying such separation must be considered in determining whether or not it has in fact led to a permanent marriage breakdown” McDorman v. McDorman (1972), 11 R.F.L. 83 (N.B.S.C.) at pg.85.
Vancouver Family Separation Lawyers
If you and your spouse are considering separation and you would like to know you legal rights and responsibilities, contact MacLean Family Law today! Call toll free at 1-877-602-9900 to meet with our award winning family lawyers.
