Things to consider when a couple lives ‘separate and apart’

When any married couple decides to give their relationship a break, the first thing that comes to mind is the decision of living in two separate houses and either one of them leaving the home that they once lived in together. While some prefer things this way, the rest do not. Divorce lawyer state that reasons as that of the rise in property costs or even maintaining a cordial relationship due to their kids become factors where couples live under the same roof despite being separated by law.

Even though legally the couple would be termed separated when they are living separately and not bound to each other. When talking about separation yet living in the same house, what is that term referred to? Concluding whether the couple has separated or not given the different complications that they undergo, it is often difficult to determine.

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Separating because of a divorce

In Canada, whenever a couple intends to file for a divorce, they are to live separately for at least a year. Once a year is complete, only then can they file for a divorce. This comes as a rule under the Divorce Act that is a federal statute where everyone living in Canada has to follow.

It is natural to think that when a couple says that they are separated, that means they live separately and have a life of their own. Since the date of separation is important when it comes to filing for a divorce, the divorce lawyer has to intervene and to know when the couple ended their relationship just so that filing becomes easy.

This is something that often takes place when a couple has separated but lives in the same house. It then becomes the duty of the court to figure out whether they have separated or not.

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Things to consider when determining Separate and Apart

When the court or the divorce lawyer intervenes during special cases where the couples claim to be separated but live in the same house, here are a few questions that the couple is asked.

  1. Do they occupy the same bedroom?
  2. Do they abstain from sexual relations with each other?
  3. Do they communicate with each other? The level of it?
  4. Are there any domestic services as that of cooking, dishwashing by the wife for the husband?
  5. Do they eat their meals together?
  6. Do they go out for social outings and meetings with each other?
  7. What is the reason for them to live in the same house? Is it valid?

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While all of these factors are considered, the need to withdraw from each other and not continue with their marriage is what shows that they live separately and apart from each other.

Separation for common law couples

Here the couples aren’t bound by any law when they make plans for separation. Divorce lawyer agrees that only when they both have parented a child or own property together can they face problems with legal custody.

When it comes to separating and one of them moving to a new house, things aren’t that complicated where no questions are asked, and often the date of moving out is considered as the date of separation.