The separation as to bed and board, often called in the common language “separation”, can be “de facto” or pronounced by a judgment following a formal demand to the Court.. The separation, even pronounced by the Court, does not dissolve the marriage and this is the main difference with the legal proceedings for divorce.
The two most common reasons why spouses choose the path of the separation rather than the path of the divorce are:
- None of the three reasons required by the Divorce Act of Canada are present in the file;
- The parties do not wish to dissolve their marriage at the early stages of the separation (for example a trial of family therapy, possibilities of reconciliation, etc.);
You can separate “de facto” and not introduce a formal demand for separation to the Court if you have good understanding and agreement with your spouse. In this case you do not need a judgment because voluntarily you respect your mutual and amicable agreement. On the opposite, if you disagree on the consequences of your separation (for example the custody and access rights of your children, the child support, the spousal support, the use of the former family domicile, the partition of the family assets, etc.), then you need to introduce a formal for separation as to bed and board to the Court and have your differences decided by way of a judgment.
The most important and frequently present accessory measures in a separation case are basically the same as the ones in the divorce, namely:
- The partition of the family assets;
- The custody and the access rights with the children;
- The child support;
- The spousal support;
- The compensatory payment;
- The lump sum;
The more accessory measures you have to settle within on which you do not agree with your spouse, the more the separation proceedings can be complicated, long and costly.
As an example, you don't have any children, you have not acquired any substantial assets during your marriage, you and your spouse both work and your respective revenues make you financially autonomous, then your separation legal proceedings will be simple and less costly.
On the opposite, you have children and you disagree on the custody, on the access rights, on the child support, you have acquired assets during the marriage and you disagree on their partition, you do not have comparable incomes (or one of the spouses doesn't work at all), then your separation legal proceedings will be more complicated, more lengthy and more costly.
The rules applicable to separation legal proceedings and to the way the accessory measures of the separation are decided by the Court, in the event of disagreement, are numerous and complex. Me Robert Brankin is an experienced lawyer who can act as your counselor or legal representative within your separation proceedings, which could be joint separation proceedings (filed by both spouses with a consent on the accessory measures of the separation) or filed by one of the spouses.
On the question of the child support, you can obtain more information by visiting a dedicated Website of Me Brankin at www.child-support-montreal.com