SEPARATION AND DIVORCE: these are two related procedures that address different aspects of the life of the people involved, which require the study of family issues, which are different from each other.
Indeed, a marital relationship can come to an end, at the behest of both spouses or by the will of one of the two, with the dissent of the other.
What happens in these cases? The couple who intend to end their marital relationship must separate.The term separation means exactly that the couple will no longer live under the same roof, therefore they will not share the marital home that they had chosen as a family home https://fleetwoodfamilylaw.ca/divorce-lawyers-in-surrey-bc/
Divorce , on the other hand , is the termination of the civil effects of marriage. The times to reach it are different depending on whether the separation was consensual or judicial. In the first case, six months must have elapsed in order to proceed with the divorce ; in the case of judicial separation, twelve months.
SEPARATION IN THE PRESENCE OF CHILDREN, HOW DOES IT HAPPEN?
In the presence of minor children , I always suggest to spouses who intend to proceed with a separation to find an agreement as much as possible for the resolution of the related issues: the house where they will go to live, the time they will spend with each other and the other parent, the contribution to their maintenance (due by both).
Avoiding clashes and conflicts will certainly allow the parties to face the separation better, but above all to the children not to suffer further the inevitable traumas.
The couple’s collaboration, in this case, must overcome personal and character disagreements, making parental love and affection towards the children prevail.
Thinking from this point of view, it will be easier to reach agreements of an economic nature and not only, in favor of all the parties involved. Even in the presence of adult children who are not yet self-sufficient, it will be necessary to agree, so that their needs are not met.
Obviously, for children who have reached the age of majority there will be no need to decide on their residence and visitation rights, considering that they will be absolutely free to make their own decisions in this regard.