What Is Legal Separation In British Columbia
When a marriage falls apart, it is assumed that the couple will culminate their relationship with a divorce. However, this is not the case. While some couples decide to get a divorce, others opt for separation. Legal separation is an intricate matter and involves various legal considerations applicable to the couple. If you are considering getting separated from your partner, it is better to seek suitable legal help.
Let us understand the basics of legal separation by understanding what it is.
What Is Legal Separation?
Legal separation refers to the act of ceasing to lead a life with your partner. When a couple no longer shares a life, they are separated. This involves not sleeping in the same room, not sharing the same bank accounts, not socializing as a couple, and much more.
While not all separation arrangements are legal, many couples in British Columbia choose to make their separation legal. This allows both parties to draw clear boundaries and have specific terms and conditions to follow. You can file for a legal separation if you are married or have a common-law spouse. Legal separations are more systematic and governed by specific regulations drafted in a legally binding document.
Before getting into the details of this document, let us clarify the difference between separation and divorce.
Separation Vs. Divorce: What Is The Difference?
It is common for people to confuse separation with divorce. People also use the two terms interchangeably. However, this is not the case. Separation is simply the act is not sharing a life together. A couple can be separated and still be married. Marriage, on the other hand, is a stricter and more well-defined relationship when it comes to legal terms. Every marriage needs legal registration and the involvement of a court of law. This is not the case with a separation. Married couples can file for a legal separation despite staying married. We will discuss such an arrangement in the next topic.
Simply put, while every divorce involves a separated couple, not all separated couples are divorced.
Understanding Legal Separation Agreements
If you are married to your partner and want to get legally separated, you can opt for a legal separation agreement. You can seek the help of family or divorce lawyers in drafting these agreements and guiding you through the process.
Here are some of the most important aspects a legal separation agreement deals with:
- Division Of Assets
This clause deals with the division of all your assets, including real estate, bank accounts, investments, vehicles, insurance policies, and more. The couple should come to a consensus regarding an equitable division of their assets.
- Debt Responsibilities
Along with the couple’s assets, their debts are also divided in the event of a separation. These debts include mortgages, credit card bills, loans, tax liabilities, and other liabilities.
- Living Arrangements
This section deals with matters related to where each of the two partners will live. It will specify the individual who gets to stay in the house and the one who needs to leave. In some cases, separated couples may also share the same house without being involved in each other’s lives.
- Parenting Plan
If the couple getting separated has one or more kids, their legal separation agreement should include provisions about whom the kid(s) will stay with. If visitation is allowed, the agreement should also outline the visitation schedule and important terms regarding the same.
- Child Support
As an extension to the point discussed above, this section outlines who will financially support minor children. This includes school fees, daycare, medical expenses, and other relevant area.
- Spousal Support
Depending on the terms of separation, one spouse may be required to support the other financially. If this is the case, the legal separation agreement will outline the details of such an arrangement.
Why Do Couples Choose To Stay Married Despite Legal Separation In British Columbia?
Lawyers in British Columbia give the following reasons why couples choose to stay married despite going through a legal separation:
- Social Security
If a young couple is getting separated, they may choose to stay married because of social security benefits. After the age of sixty-two, a couple getting divorced after ten or more years of marriage qualifies for additional social security benefits.
- Health Insurance
Married couples are often hesitant to give up health insurance benefits while being separated, avoiding divorce for as long as possible.
- Tax Benefits
Filing joint returns as a married couple gives you more tax benefits than being separated and filing out individual returns.
- More Savings
Couples may choose to live under the same roof and reduce their expenses after getting separated while staying married.
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