Understanding Relationship Dates in Family Law
Identifying key relationship dates
When completing your basics information, you'll need to identify the dates of your relationship. Life is nuanced, and the dates when you started living together and when you separated might not be precise. There's often considerable grey area during these transition periods.
Establishing when you started living together
The cohabitation start date can be determined by several milestones, such as:
When you began paying rent or a mortgage together
When you purchased a new home
When mail started being forwarded to your shared address
Your official marriage date
Understanding the Date of Separation
Definition and key principles
The date of separation marks the official end of the relationship or marriage. It represents the point when you began living separate and apart with the intention of ending your relationship. Importantly, the date of separation is not necessarily dependent on physical separation. The key factor is the intention to end the relationship and live separate lives.
Separation while living under the same roof
Even if you continued to live under the same roof, you may be considered separated if you decided to no longer have a relationship as spouses or partners.
Demonstrating intention to separate
The intention to separate can be demonstrated through various factors, such as:
Communicating your intention to end the relationship to your partner
Mutually agreeing to live in separate areas of the home
Informing friends and family members about the separation
Legal importance of the Separation Date
Determining the Date of Separation is crucial because it has significant legal implications for various aspects of family law, particularly around pension division, Canada Pension Plan benefits, the duration of spousal support, and it’s used to calculate the one-year waiting period before you can apply for a divorce.
If there's uncertainty or disagreement regarding the date of separation, you may want to get legal advice to ensure that you're making the right determination.
Common practice: Mutual Agreement
It's common for couples to simply agree on a date. Most people remember events slightly differently and may be off by a few months. Either of the remembered dates will likely work, or you can agree on a date somewhere between the two recollections. As long as both parties agree on a date, no one else will or could verify it. This becomes the agreed-upon date for purposes of the Separation Agreement, and it doesn't need to be exact.
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Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.
