When spouses separate there are numerous issues to be resolved including property division, parenting time, spousal and child maintenance. Married spouses also want to be divorced. , is where a separation lawyer comes in.
Typically spouses obtain a divorce after all of the other issues arising from their separation have been resolved. They will negotiate a contract with a separation lawyer which is called a separation agreement which sets out who will keep which property, who will pay any debt, where the children will reside and any monthly spousal maintenance or children maintenance payments. Once the separation agreement is signed they will then apply for an uncontested divorce.
It is possible in certain circumstances for spouses to obtain a divorce before their property is divided and before spousal maintenance is determined but all of the issues regarding the children do need to be resolved first. The reason for this is that pursuant to the Divorce Act of Canada any judge granting a divorce must first satisfy themselves that proper and adequate arrangements have been made for the children.
Victoria’s Separation Lawyer
Deborah Todd Law has been Victoria’s Divorce and Separation Lawyer for over 35 years. We are dedicated to helping couples and families create healthy agreements for their futures through mediation, negotiation and other forms of family law in Victoria, BC.
To learn more visit our blog on separation or call us today.