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RISING WOMEN EXPERT
ADVICE...
Do I need to get legally divorced?
If you got legally married in a church, a civil ceremony or even in Las
Vegas...and you separate from your spouse, you need to get legally divorced.
Most people I speak to still think that divorce is automatic. Unfortunately
this is not so, and believe it or not, many people do not get legally
divorced and live with other partners, have children with these partners and
even purchase houses and personal property.
Since 1985 there is a “no fault” divorce mechanism in place which allows
couples who have been legally married and separated for one year, to obtain
an Uncontested Desk Divorce. This is a very simple procedure as long as both
parties have agreed to the divorce and can be obtained within 4-5 months
depending on the circumstances. If there are children under the age of 18
involved and there are issues of child support, access and/or spousal
support, it is advisable that you contact a lawyer to discuss these issues.
For instance, the Federal Child Support Guidelines sets out the amount of
child support payable based on income for each province and currently there
are many new rules and regulations governing these areas that need to
addressed.
Alberta introduced the Adult Interdependent Relationships Act a few years
ago, which now gives couples living in a “common law” relationship some
rights to property, child support, etc. If you are living “common law” with
someone, it is advisable to have a Cohabitation Agreement in place setting
out what each partner brings into the relationship.
Until you are legally divorced, spouses are responsible for their joint
liabilities. So if you have joint credit cards, or loans, or mortgages,
until you are divorced, you will find that you are probably still
responsible for the balances outstanding on those joint accounts. If your
spouse decides to go out and spend on your joint credit cards, you could be
held liable to cover the debts. Another example is when a client I knew got
laid off and received a severance package. He and his wife were not
officially divorced so his wife was able to claim one-half of the monies. I
think you can see what I’m getting at. Spouses who separate and do not have
any intention of reconciling should at least consider signing a Separation
Agreement or Minutes of Settlement. This type of agreement sets out what
property each spouse will be entitled too as part of their separation. If
there are no children and no joint assets, getting divorced can be simple.
Marlene Darby, President of Darby Consulting Services Ltd., offers
paralegal services & is available to assist with Uncontested Desk Divorces.
Contact 403.234.8333
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