What is a "Legal Separation"?
Many people believe that they have to see a lawyer in order to be legally separated, which is not true. Separation is simply a state of mind. The Family Law Act states that two spouses are separated when they are living separate and apart and there is no reasonable prospect that they will resume cohabitation.

When am I legally Separated?
Spouses are separated when they stop living as man and wife, which means they stop doing the things that husbands and wives do, and they believe that they will not reconcile. The corollary to this is that only one spouse needs to believe that the marriage is over for the parties to be separated.

Does one of us have to move out for us to be separated?
No. Two spouses can be separated but still in the same house.

Am I responsible for my spouse's debts after we separate?
You remain responsible for any debts that you were liable for before you separated. You may be responsible for debts incurred by your spouses as joint credit cards, joint bank accounts or joint loans after you separate. If you have any of these, they should be either cancelled by notice in writing to the creditor or monitored very closely to ensure they are not abused by you spouse. If you do not cancel a credit card, line of credit or overdraft facility, and your spouse increases the outstanding balance by using the credit card or borrowing against your credit, it is no defence to say that you and your spouse are separated.

My spouse and I own our home, but I want to leave. Will this affect my rights?
Leaving the matrimonial home may mean you can't get back in the house without a court order. If your spouse changes the locks you will still own the same interest and you will be entitled to the same payment as you otherwise would have. You may not be able to retrieve your personal belongings if your spouse won't let you in.

Leaving the house and leaving the children with your spouse may affect your claim for custody, so do not leave without consulting a lawyer first.

Is my spouse entitled to half of everything?
The law provides that except for certain exceptions everything that was accumulated during the marriage is to be divided equally between the spouses. The spouses calculate their net worth on the date of separation, subtract their net worth on the date of marriage, and divide the remainder between them.

My spouse is driving the car that is in my name and won't give it back.
If a car is registered in your name alone, your spouse has no right to keep it from you, because it is legally your property. The police should help you get it back. In the meantime, you should make sure it is insured because you could be responsible if it is in an accident and it is not insured.

My spouse moved out of the house or apartment we were renting and won't contribute to the rent. What can I do?
Whoever rented the property is legally responsible for paying the rent. If your spouse did not sign the lease, you cannot make him or her pay the rent, although you may be able to sue later if you have to pay the full amount. Even if your spouse did sign the lease, you can't make him or her pay the landlord. If the rent is not paid, the landlord will sue and both of you will be liable for the full amount of the rent.