Deciding to part your way with your spouse is not an easy decision to make. But, unfortunately, sometimes people reach that point in their relationship when it is inevitable.
Besides, if you are thinking of making your separation legal, it might come with other burdens. However, amidst all these negative things, the good news is we have an eccentric group of family lawyers.
They will be able to guide you through this challenging time step by step. Although we may not be able to share your emotional burden, we will share your legal obligation.
So, come to us today and pick a lawyer for your case. All of our lawyers have a vast area of experience; thus, you can relax.
What is a Legal Separation?
For being eligible to file a divorce in Canada, a couple needs to be separated for one year. You will have to convince the judge that you are separated in this one year. For this reason, you will need legal assistance.
You will need to have a legal agreement about the separation. For preparing this separation agreement in Saskatchewan, you have two options. One is you may hire a lawyer, and the other is you may do it yourself.
If you prepare it yourself, there are chances that it will have a lot of loopholes. Besides, you may not feel like doing all this while going through a separation phase. Hence, it is best if you hire a lawyer.
Why Do You Need Legal Agreement for Separation?
Forming this agreement is essential for furthering your separation as well. We know that the next step from separation is divorce. But your divorce will not be approved for this separation agreement.
How will you manage everything alone that your partner will be based on this agreement once you did with your partner? That’s why it needs to be fair for both parties.
If you do it on your own, there are chances that the ongoing situation may cloud your thought process. Hence, it is best to get help from an expert. Contact the law firms with family lawyers; they will assign you with one.
There are certainly some expenses related to this process. These expenses depend on how long your case takes to be resolved. If the issue runs for too long and you do not have enough to pay for it, you can always apply for aid.
However, never use false information with the temptation of saving some money. Because lying for getting aid is a fraud, it will be complicated to protect you from that when you get caught.
How to File Legally for Separation in Saskatchewan?
The official steps of a legal separation are as follows:
- Hiring a family lawyer
- Discussing your terms and conditions with the lawyer
- Adding and eliminating conditions according to your lawyer’s suggestion
- Drafting a neutral agreement with the help of your lawyer so that your partner cannot arouse any issue
If you want, you can draft the agreement on your own without taking legal help. You’ll have to have to collect forms from the court and fill it up.
However, it is easier said than done as there are many sensitive issues. For instance, property, tax, child support. Thus, it is best to hire help.
Separation in Saskatchewan
Law is different for every area, and family law can become particularly tricky. For example, there is a local family law act, and there is a federal family law act. Some of them even have the same name. Thus, it is better to consult with your lawyer before taking any step.
You may not know what loophole you may fall into for taking one wrong step. It may cost you a fortune for a single false step. Thus, consult before even giving away or taking away the keys, moving out from the apartment.
In this way, you have slim chances of making any mistakes. Even if you do something, your lawyer will solve it if he knows about it immediately.
Your lawyer will be able to help you with different aspects of your separation. They are like children’s custody and support, marital assets distribution, spousal support, uncontested divorce, and many more.
Now, a husband’s rights in a separation and a wife’s rights are sometimes different. Based on your scenarios, you will have or not have certain rights. Therefore, the separation process will differ according to your scenario.
Separating from a spouse is not an easy phase in anyone’s life; thus, even if hiring a lawyer may add some cost, it’s the best option.
You may know how to file for a legal separation, but your mental situation may make you make mistakes. So, consult a lawyer, and he will walk you through it step by step.
Besides, if you are too concerned about the lawyer’s cost, our firm has junior lawyers. These junior lawyers are aspiring experts of tomorrow and know well what they are doing.
Therefore, they will cost less than the senior experienced lawyers.
Common Myths Regarding Legal Separation in Saskatchewan
Myth-1: You must be physically separated in order to be legally separated. This is not the case. It is sometimes not financially possible for spouses to physically split right away. If there are children, couples may elect to stay in the family home together while they work out a parenting arrangement. It’s becoming increasingly typical for separated spouses to live together after their divorce.
Myth-2: It doesn’t matter when you split up. The date of separation is significant in Saskatchewan because it begins the one-year waiting period before either spouse may apply for divorce. Many people think it also establishes the date for property division. This isn’t correct. For the sake of financial commitments or property concerns, the date of separation does not dissolve the links between the spouses.
Myth-3: To be officially separated, you must first sign a separation agreement or a court document. This isn’t correct. To confirm separation, there is no formal separation paperwork to get. After the date of separation, couples frequently write out a separation agreement, but this is not required to separate.
Myth-4: You must divorce if you split. This isn’t correct. Many people may opt to divorce yet stay legally married for a variety of reasons. Property or financial rights may still exist if you remain legal spouses, so it’s crucial to think about these concerns if you decide to split but not divorce.
Myth-5: Divorce will have an influence on my estate planning. This isn’t always the case. Unless a contrary desire shows in the Will, Saskatchewan legislation will remove gifts made to a previous spouse for legally married couples if they are divorced. This portion of the law, however, only applies in the event of a divorce, not a legal separation. Any beneficiary designations that may already be in place will not be revoked as a result of the separation.
Dismantling a family, no matter what the cause or scenario is, is a painful experience. I hope no one needs to go through it. Unfortunately, if this is happening in your life, I hope you don’t need to go through it alone. However, now you know how to file legally for separation if you are residing in Saskatchewan.
Frequently Asked Questions
What’s the benefit of a legal separation?
The most significant benefit of separation is that it gives you clarity. The time apart gives you the chance to rethink your every step. However, it would help if you kept in mind that this time apart should not get messy or ugly. For ensuring that it is better to make your separation legal, to draft everything officially.
Why would you get a legal separation instead of a divorce?
In many parts of the world, getting a legal separation is a prerequisite to getting a divorce. For example, if you live in Canada, you will have to go through a legal separation of one year before filing a divorce. Another reason is divorce is a very permanent decision. With separation, you will have the option to choose ways. You may not always want to proceed into a divorce.
What rights does a mother have in separation?
During a separation, a mother is more likely to fully custody of their children unless they have some serious lifestyle issues. Besides, when a mother gets the charge, she gets designated support from her spouse for the children. However, if the father gets custody, the mother is not bound for any spousal support.
Does a husband have to support his wife during separation?
That depends on the separation agreement and the living arrangement. If kids are involved, the husband has to support them during separation. Things are different for couples without kids; if someone wants to help or maintain their spouse during separation, that should go into the agreement.
Does a separation agreement protect you financially?
Yes, it does. That’s because a legal separation gives you the chance to continue the expenses you shared in the same way. So, for example, you are paying taxes, children’s costs, and so on.
Can separation help a marriage?
Of course, it can! But not all separation leads to divorce. Instead, the break gives you the time to think and make amends. You get to realize how different your life would be without your spouse. Often these realizations help couples to reconcile.
Will legal separation protect my assets?
Yes, it will. Properties you own alone will wholly become yours again. That is, your spouse will not have any right over them. Instead, the properties you own together will be divided.