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Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a ...
Most provinces of Canada do not have the concept of legal separation. Sometimes, when people say they are legally separated, they mean that they have entered into a legally binding agreement, sometimes called a Separation Agreement, a Divorce Agreement, a Custody, Access and Property Agreement, or Minutes of Settlement.
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
Legal separation describes a state that you can think of as being somewhere between marriage and divorce. The partners' union is not formally dissolved, although legal separation can be a step ...
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
The definition of "family violence" provides a non-exhaustive list of examples of coercive control, including forced confinement, harassment (including stalking), the failure to provide the necessities of life, psychological abuse, financial abuse, threats to kill or cause bodily harm to anyone, threats to harm or kill an animal or damage ...
In the simplest contexts, no further distinction is made. A status of married means that a person was wed in a manner legally recognized by their jurisdiction. A person's specified civil status might also be married if they are in a civil union or common-law marriage. The civil status of a person who is legally separated is married.
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