If you and your partner have decided to separate but are not yet ready to obtain a legal divorce, a Statutory Declaration of Separation might be the right option for you. To help you understand more about Statutory Declaration of Separation in Canada, we have compiled a list of frequently asked questions.
What is a Statutory Declaration of Separation?
A Statutory Declaration of Separation is a legal document that outlines the terms of separation between two parties. This document can be used by common-law couples or married couples who want to separate but are not yet ready to obtain a divorce.
Should the Statutory Declaration of Separation be notarized?
Yes, it should be notarized to make it a legal document. This means that you need to sworn before a notary public or commissioner of oaths, who will then sign and stamp the document. This process ensures that the document is authentic and legally binding.
What information should be included?
It typically includes the date of separation, details about the parties involved, a statement that the parties have been living separate and apart, and any agreements about support, property division, and custody of children.
How to determine the start date of the Statutory Declaration of Separation?
To determine the date of separation, you can use a combination of legal and factual evidence. Here are some possible steps you can take:
- Check the date on any separation agreement or court order: If you and your ex-spouse signed a separation agreement or obtained a court order, the date of separation may be specified in the document. Look for language such as “The parties separated on [date]”.
- Gather evidence of physical separation: If you and your ex-spouse physically separated on a specific date, gather evidence to support that date. This may include lease agreements, utility bills, or other documentation that shows when one of you moved out of the marital home.
- Look for evidence of intent to separate: Even if you and your ex-spouse continued to live under the same roof after a certain date, you may still be considered separated if you can demonstrate an intention to separate. This might include emails, text messages, or other communication that discusses the end of the relationship or plans to live apart.
- Consider other factors: The date of separation can also be influenced by other factors, such as when you stopped sharing a bedroom or stopped having sexual relations. Be prepared to provide evidence to support any claims you make.
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How long can a Statutory Declaration of Separation last?
Separation Declaration does not have an expiration date, but it can be revoked or amended at any time by either party. It is recommended that parties review their separation agreement periodically to ensure that it still reflects their wishes and circumstances.
How long can couples stay separated?
There is no maximum time limit for how long a couple can stay separated. However, if you want to apply for a divorce, you must have been separated for at least one year. This means that you must have lived separate and apart for at least 12 months before you can apply for a divorce.
How is a Statutory Declaration of Separation different from a divorce?
It is not the same as a divorce. While a divorce legally ends a marriage, a Statutory Declaration of Separation simply acknowledges that the parties are living separately and apart. It is often used by couples who want to take time to consider their options before filing for a divorce.
Do I need a lawyer to obtain a Statutory Declaration of Separation?
No, you do not need a lawyer to obtain it. However, it is recommended that you seek legal advice to ensure that the document is legally binding and covers all the necessary terms.
Is a Statutory Declaration of Separation legally binding?
Yes, it is a legal document and is legally binding. However, it is important to note that this document does not provide the same legal protections as a divorce decree, and the terms may not be enforceable if either party chooses to breach them.
Can the Declaration be used as evidence in court?
Yes, a Statutory Declaration of Separation can be used as evidence in court. However, it is important to note that this document may not provide the same legal protections as a divorce decree, and the terms may not be enforceable if either party chooses to breach them.
Where and for what purposes should I use the Statutory Declaration of Separation?
You can use the Statutory Declaration of Separation for various purposes, such as to:
- Prove to government agencies, such as the Canada Revenue Agency, that you are separated for tax purposes
- Divide property and assets between the spouses
- Determine child custody and support arrangements
- Apply for a divorce
- Enter into a separation agreement
How soon can I divorce after separation?
In Canada, you can file for divorce after you have been separated from your spouse for at least one year. This means that you must have lived separate and apart for at least 12 months before you can apply for a divorce.
What if children are involved when granting a legal separation?
When granting a legal separation, the court will consider the best interests of the children involved. This means that the court may make decisions about child custody, access, and support. It is important to consult a lawyer to understand your rights and obligations as a parent during a legal separation.
What if one of the spouses does not wish to separate, or if the couple fails to reach an agreement?
The laws regarding legal separation can vary by jurisdiction, but in general, the court may grant a legal separation based on a variety of grounds, including:
- Irreconcilable differences: This is a catch-all phrase that refers to situations where the couple cannot get along and is unable to reconcile their differences.
- Desertion: This refers to situations where one spouse abandons the other without any reasonable cause or justification.
- Adultery: This refers to situations where one spouse engages in sexual relations with someone other than their spouse.
- Cruelty: This refers to situations where one spouse is abusive or cruel to the other.
- Fraud: This refers to situations where one spouse has committed fraud against the other, such as hiding assets or lying about important issues.
If one spouse does not wish to separate, or if the couple fails to reach an agreement, the court will typically consider evidence from both sides before making a decision. The court may consider factors such as the length of the marriage, the reasons for the separation, and the best interests of any children involved. Ultimately, the court will make a decision based on the evidence presented and the laws of the jurisdiction where the case is being heard.
Can a Statutory Declaration of Separation be notarized online?
Where can I download a Statutory Declaration of Separation?
How Can All-Canada Notary Help You?
All-Canada Notary is a network of notaries posed to make notarizing fast, convenient, secure, and accessible. We can help you notarize your Statutory Declaration of Separation through our remote / online notary and physical notary services.
In conclusion, the Statutory Declaration of Separation is an important legal document that confirms the separation of a married couple. It is necessary to notarize the document, and it can be used for various purposes, such as applying for a divorce or dividing property.