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    What is a legal separation?
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    The question of whether a marital separation has occurred, as a matter of law, depends on the specific circumstances of a family's situation.

    In certain situations, spouses may be considered to be living separate and apart, even if they continue to reside in one home, under the same roof. Such a separation may have occurred, as a matter of law, where conjugal relations have ceased, the parties live largely separate lives and routines, and the spouses have clearly determined that their relationship has come to an end.

    Where at least one of the parties no longer resides in the former matrimonial home, separation of the parties is more plainly evident.

    There is no specific legal document required in Ontario to evidence or formalize a marital separation. A Separation Agreement may be concluded some time after the parties' actual marital separation. The absence of such an agreement in the interim does not prejudice or change the parties' status as "separated" from each other.

    The determination of the actual date of separation may be of importance in establishing the property entitlements of the spouses. It is also important in determining the date upon which a divorce judgment may be lawfully finalized. A Divorce Judgment may issue in Canada one year following the date of the parties' separation.

    It is strongly advised that spouses who are considering separation or already separated consult with a qualified Family Law lawyer at an early stage. By speaking to legal counsel, it will be possible to become more fully informed as to the legal consequences of decisions or actions which are being considered. In an initial consultation at WISE LAW, you will receive a complete, general orientation as to the legal, practical and personal implications of your specific family's circumstances.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

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