Why Choose Separation Instead of Divorce?
Divorce is not the only option available to you and your spouse when you decide to end your marriage or relationship. The both of you may also choose to solely separate and not divorce. This means that you may decide to end your relationship without applying to the court for approval or without seeking the services of a divorce lawyer (unless it is necessary).
You may choose to divide your assets and decide on custody/access and support issues in an informal agreement or through the services of a lawyer, mediator, or arbitrator who will aide in the drafting of a more formal and final separation agreement.
A separation agreement may include specific arrangements related to:
- Child custody and access
- Child support
- Spousal support
- Division of property and assets
Serving Separating Spouses & Partners Across Ontario
It is not until one of you decides that you would like to remarry that a formal divorce order must be obtained. Once that is done, it is possible that all other corollary issues will be left alone and deference will be given to the arrangements arrived at, at the time of separation.
For couples that have never entered into a legally valid marriage, there is no formal process that must be followed upon termination of the relationship. All that is essentially required is that you separate. If your relationship was of a relatively short duration, you can simply move out and take any belongings that you owned or acquired during the relationship with you.
If, on the other hand, the relationship was of a longer duration during which time you purchased numerous assets together (i.e. houses, cars, etc.) and had children, you may want to seek the services of an Ontario separation lawyer, mediator, or arbitrator to help you draft a separation agreement dealing with all the corollary issues relating to separation.
Our Ontario family law firm serves those living in Toronto, Mississauga, Markham, Oakville, Vaughan, and the surrounding areas.