Going through a separation or divorce can be a stressful ordeal in one’s life. In the family law context, the date of separation means the date on which the marriage irrevocably broke down.
The date of separation signifies the intent for at least one, if not both, spouse’s desire to end the marital relationship. The acts following the date of separation are also significant in determining the intentions of the spouse.
Importance Of Separation Date
“When did the separation occur?” is typically one of the first questions that your family lawyer will ask you. The answer to this question is essential as the parties must be separated for at least one year to meet the requirements to file for a divorce.
Furthermore, it affects the value of family assets as they are calculated by determining the difference between the assets on the date of marriage and the date of separation.
The separation date also affects the awarding of spousal and child support. Any owing debts or property acquired subsequent to the breakdown of marriage are considered separate. Therefore, the specification of the separation date is crucial in determining assets and debts in divorce proceedings. Thus, the separation date is a predominant accessory in finalizing the decree of divorce.
Leading Factors In The Determination Of Separation Date
The assessment of a separation doubles up the element of (maybe we can say centers around??) procedural fairness in divorce cases and is always determined by the factual history of the individual case. In some circumstances, determining the date of separation is simple. However, for economic reasons, it has become more common for the parties to opt to live under the same roof following their divorce. In many circumstances, the date of separation may be ambiguous.
When deciding the separation date, the courts take the following facts into account:
- If the parties live in different houses or sleep in separate rooms (assuming that they still live in the same house).
- Whether the partners divide housework.
- Whether or not the parties have joint bank accounts and share costs.
It should be noted that if the parties are still attempting to work out their marriage, the court will generally consider the marriage to be sustainable.
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Divorce proceedings can be complicated, particularly in circumstances where the separation date is ambiguous. If you require any assistance with your divorce or separation issue, do not hesitate to get in touch with family lawyers at Ayaz Mehdi Professional Corporation.
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