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Miglin v Miglin, [2003] 1 S.C.R. 303, 2003 SCC 24, is the leading case decided by the Supreme Court of Canada on the use of separation agreements. The Court established a two-stage test to determine whether a separation agreement can be relied upon. Prior to the Miglin decision, the leading cases on separation agreements was the Pelech Trilogy.
Original file (1,237 × 1,750 pixels, file size: 13.64 MB, MIME type: application/pdf, 14 pages) This is a file from the Wikimedia Commons . Information from its description page there is shown below.
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.
Under the no-fault grounds of separation for a pre-determined duration, the half of the couple who does not desire a divorce has only one recourse in contesting the break-up. [9] If the span of the spouses’ separation does not last at least as long as was originally decided, then the dissenting person has a suitable defense to challenge the ...
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