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If you need separation advice, the following information can help.Many people wonder why they should go through the hassle of getting a legal separation instead of just agreeing to live apart.
The main thing a divorce does is allow you to remarry some time in the future if that is what you choose.While this may not matter in some cases, in periods where assets values have changed dramatically in a short period of time, the exact date of separation can make a significant difference to how property is divided. A fourth myth is that both parties need to agree to a legal separation. If one spouse unilaterally decides to separate and takes action in that regard, the couple is separated, even if the other spouse does not want this. A fifth myth is that there needs to be a separation agreement for the parties to be legally separated. A separation agreement is a document that outlines all the rights and responsibilities of the spouses whose marriage is ended.Normally, it will need to be agreed upon before a divorce is granted.To get a divorce in Canada requires that you and your spouse be separated for one year – something a lot of people call a legal separation, although this is not a legal term.6 Common Legal Separation Myths in Canada There are a number of commonly held beliefs about legal separation that simply are not true. The first is that to be legally separated, you and your spouse must live in different homes. The courts realize that often this is not financially feasible, and if you have children, it is in your and the children’s best interests to stay at the matrimonial home until custody and access arrangements have been worked out. Another myth is that a temporary reconciliation ends a legal separation. The Divorce Act’s policy is to make sure that couples try to work things out before a divorce is granted.