When do people go for separation?
A "separation" takes place when a relationship between couples comes to an end and they decide to stay away from each other. Couples separating are either married or may be unmarried but living together in a "live in" relation.
Issues arising out of a break up:
When couples separate or divorce, they need to take some major decisions and arrangements about many issues like the way of dealing with your family, residence and payment of family expenses. If there are have children, it is also necessary to make decisions regarding who will take custody of the children and the children are to be reared up financially.
Laws in Canada governing such break ups:
Provincial and territorial laws relating to custody or access matters will apply to all the separated couples. The federal Divorce Act applies to married couples applying for divorce. The issues of custody and child and spousal support are guided by the federal Divorce Act. Other issues, like the division of property, are guided by the provincial or territorial law.
Different laws are applicable in case of different types of couples as the federal, provincial and territorial governments deal with family law under the Constitution of Canada. The federal government makes laws relating to divorce. The provinces and territories make family laws related to unmarried couples, and their properties. The provinces and territories make rules regarding the administration of justice like the enforcement of support and custody orders.
The federal government is associated with the provinces and territories for helping families undergoing separation and divorce.
Moving to the court:
If you are confused as to how to resolve your family disputes, you can move before the court of law and ask a judge to solve your issue. If you are married, you have to file an application to a court for obtaining a divorce order for dissolving your marriage.
Grounds of divorce in Canada:
The sole ground for divorce in Canada is a breakdown of the marital tie. A breakdown of the marriage can be ascertained from one of three following ways:
- The couple is living separately for at least one year;
- Either party has committed adultery (willingly had sex with someone else during your marriage); or
- Either party has treated the other with physical or mental cruelty.
But one cannot apply for divorce on the ground of his or her own adultery or cruelty. It has to be only the other spouse's adultery or cruelty. Most of the divorces in Canada are granted on the basis of one year's separation.
The divorce laws of Canada allows couples to divorce without living separately for even one year if one has committed adultery which has not been condoned by the other.