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As Relationship Restructuring specialists, we know that your family situation is unique and requires a personalized solution. From Family Mediation, Settlement Negotiation, or Litigation, the team at the Vancouver area Deer Lake Law Group will see you through all the challenges of separation and divorce.
Blog How do I know when we are 'Separated'?
How do I know when we are 'Separated'? PDF Print E-mail
Written by EB Web   
Friday, 30 January 2015 22:57


‘Marriages’ come in different configurations, with their own unique characteristics. Such unions are by and large, very much a private institution - only the parties themselves know how their marriage (or marriage-like relationship) works, and what specific arrangements work for the spouse themselves. However, when the marriage stops working, parties must contemplate a Date of Separation.


In order for parties to be considered ‘Separated’ for the purposes of family law, there needs to be an intention, on both sides, to separate. If no mutual intention exists, then the situation becomes complex and open to legal interpretation. If the spouses cannot agree and the Date of Separation is being disputed, the courts may be forced to intervene. The court will take an objective approach and will look at the totality of evidence.


The following criterion is a sample of what the courts look for:


• Intention of the parties;

• Sexual relations;

• Domestic services provided by one spouse to the other;

• Socializing; and

• Financial intertwining between the spouses.


Having a Judge of the Court delve into the private and intimate relationship of couples is not a pleasant exercise for the Court or the spouses themselves.

Vancouver Lawyer & Notary Public Law Office, Deer Lake Law Group, Vancouver Lawyer Antonio Simoes specializing in Family Law, Separation, Divorce, Child Support, Child Custody, Marriage, Common-law, Prenuptial Agreement, Settlement, Litigation and Mediation Law Services settling court disputes with winning results.