Terminating a marriage is a tremendously arduous decision, and the process of separation is also stressful. Spouses who want to separate have to deal with emotions that start playing their part in interactions & decision-making. Spouses decide to separate in Mississauga for various reasons, including infidelity, financial issues, immaturity, lack of trust, etc. Additionally, spouses need to look for a separation agreement lawyer in Mississauga to proceed with the separation without any complexities. One of the important issues that spouses have to decide with separation is who has to move out.
Who Must Move Out?
Hiring a family lawyer can help spouses in making the best decisions to proceed with the separation. Additionally, Ontario’s Family Law Act states: “A married couple has equal rights to the matrimonial home”. Thus, no spouse has the right to remove one from home irrespective of who owns the property. Nonetheless, this fact doesn’t implement in common-law relationships. If spouses fail to make an amenable decision about departing the house, the decision has to be made in court. Additionally, the following factors undergo consideration concerning the separation decision:
- Any pre or post-contractual compulsions between the married couple.
- If there is any physical mistreatment against a spouse or other family member embracing children.
- The financial status of each spouse
- Other viable options for each spouse to relocate
- How proposed separation may affect children in the marital home
Moreover, a spouse who doesn’t occupy the property may have the legal entitlement to get “occupation rent”. Some of the issues measured when the occupation reward is being awarded to a spouse are:
- the time passed before asking for occupation rent
- whether there are or aren’t any financial obligations, such as spousal/child support, mortgages
- the behaviour & manner of both the occupying & non-occupying spouse.
Typically, spouses may agree to leave any children in the home to help them with the forthcoming transition from two to a one-parent family. One spouse may also feel that leaving the house can negatively impact parental rights preferring removing children from home. Nevertheless, courts don’t favour such kind of thinking. It may lead to severe upshots if the occupying spouse demands the return of children. The court always puts children’s interests in front in divorce and separation cases to ensure children don’t get any harm.
Issues to Consider to Plan a Separation
- A physical separation is advisable in a continuous conflict if children live in a matrimonial home.
- Spouses need to have an open and courteous dialogue with each other to decide who should move out.
- There isn’t any legal obligation on one spouse to inform another if he/she is moving out.
- Some documents that a spouse moving out need to take include a marriage certificate, passport, medical prescriptions, insurance cards, & tax returns.
- It’s advisable to request a dissolution from the bank if there are any joint accounts.
Terminating a marriage is an extremely arduous decision, and the process of separation is also stressful. Additionally, spouses need to look for a separation agreement lawyer in Mississauga to proceed with the separation without any complexities. Involving a family lawyer can also help spouses decide who must move out, especially if children live in the matrimonial home. Lastly, spouses should plan for a separation after considering several issues and proceeding with the process with the lawyer’s involvement.
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