Legal separation does not put an end to a legal marriage in Alberta. In the event of a legal separation, couples adhere to a court order that outlines the responsibilities and rights of each spouse during their separation. While the a couple remains legally married during such a separation, they choose to lead separated lives. Legal separation simply allows time for assessment of the situation, an opportunity to find reconciliation, and counseling.
During a separation there are still important matters that must be addressed such as:
- Child custody
- Child support
- Visitation rights
- Spousal support
- Division of assets and debts
Why You Need a Family Lawyer
It is important to work closely with an established Edmonton family lawyer when considering the engagement of a legal separation. Many of the issues that come up during a separation agreement are similar to a legal divorce agreement. In the instance that you have request that a family lawyer file for divorce on your behalf, it is important to understand that a judge will rely heavily on the framework you have established in your legal separation as a precedence for your legal divorce. It is for this very reason that you should consult a family lawyer in Edmonton, Alberta and come to a point of long-term satisfaction with the terms of your legal separation.
Benefits of a Trial Separation
While legal separation and divorce share similarities in their long-term outcomes, there are several benefits to moving through the trial separation process in Alberta before filing for divorce. Such benefits include:
- Time apart for cooling down and reassessing the situation.
- Retention of medical benefits and additional policies that would be void by divorce.
- Religious flexibility, if divorce is a conflict with personal beliefs.
- Remaining married for over 10 years can have effects on the retention of certain military benefits.
- Remaining married for over 10 years can have effects on the retention of CPP.
- If the decision for divorce is made, the legal separation agreement can be transferred into a divorce settlement agreement.
Coley Hennessy Cassis Ewasko have a long track record of success when working for clients in the matters of legal separation and divorce. Give our Edmonton family law office a call and book an appointment to come in to discuss your matter with the utmost comfort and confidentiality.