Understanding Basics of Separation, child custody and settlement Laws in Canada


Dissolution of marriage cannot be easy for anyone who has decided to go for a divorce. Dissolution involves a series of emotional turmoil and brings you closer to the hard realities of legal aspects.

Yes, the legal aspects and the rights and responsibilities associated with divorce can never be ignored when you are heading to end up your marriage.

Basics of Separation

When both the couples decide or even any one of them decides not to stay together then separation is the state.

Various issues to be considered when getting separated are the custody father child, sharing of expenditure and many such things which would affect the living of your child and your family for that matter.

You can always the honorable court for settling issues like child custody, arrangement for assets and property and other issues which used to get managed jointly before. You can always get into an agreement to make it surer, however, if the claws mentioned in the agreement are not obeyed by any of the partners, the agreement stands nullified.

Dissolution for unmarried couples

Those who are unmarried, for them separation is probably the only option. They need not get into a divorce; in fact they would not be required to do so. They can make legal arrangements to divide the asset or any other property held by the two partners.

Dissolution for married couples

For married couples, the most legal way to end the marriage is to get divorced. And for this one can always file a case in the court. You can hire an attorney who would represent your case if you need to settle galore of issues which are not acceptable by your spouse outside the court.

If you think you can get into a settlement outside the court, you can go for this option and save your and your spouse’s time and money.

Sometimes, after the proceedings have begun, a couple could change their minds and think of reconciliation, you are free to do so.

However, if you and your spouse have lived separately for more than a year and yet stick to your decision of getting divorced then you will get one without much of a hassle.

Custody of the child

The process of divorce can get even more complicated if you have minor children. This means that the court has to decide the custody of children belonging to the couple.

The court will certainly look into the best interest of the children, behavior of the parent in the past and such issues which will affect him upbringing of the child. However, the court always ensures that the child gets the accessibility of both the parents.

For parents in of view, their mental, physical, emotional and even economical health is always considered before making a decision by the court.

Child Support

Even if the custody of the child goes to one parent mainly, the earning parent has to bear the expenditure of the child. And this decision is made on according to the income of paying parent, number of children and the province where the family lives.

Getting divorced could be quite a complicated process as it involves more of legal proceedings than one can think of them.