SEPARATION AND DIVORCE Marriage is a legally binding contract and must be dissolved through a legal process.

ANNULMENT a. Marriage is void, ab initio, (from the beginning) b. Decree of nullity issued by courts stating it never legally existed

SEPARATION a. Intermediate step on the way to divorce b. Couple no longer live together as man and wife

Separation Agreement Legal contract made up by two lawyers Division of property Support payments Custody and access to children No need to go to court unless there are problems with the children

Advantages Often lays to groundwork for a divorce agreement

Disadvantages Changes have to be made with consent of both parties Legal fees involved Not absolutely binding in court but unlikely to be changed

Enforcement of Separation Agreements Either party may sue for breach of contract Both parties must be free from duress when it is drawn up No right to remarry or have sexual intercourse with another party

DIVORCE Legal procedure that results in the end of a marriage Federal Divorce Act Supreme Court of Nova Scotia

Marriage Breakdown Only ground for divorce is marriage breakdown. This is established by any of the following:  spouses live apart for one year  one spouse commits adultery  one spouse has been physically or mentally cruel to the other. A divorce will not be granted until the spouses have lived apart from each other for one year. (Unless the breakdown of the marriage is the result of adultery or cruelty.)

No Divorce for You… Collusion - Deliberately lying or deceiving the court in order to obtain a divorce. Connivance - One spouse encourages the other to commit an act that would be grounds for a divorce, such as adultery. Condonation – One spouse forgives the other for the act used as grounds for divorce. Get another reason…

Procedures Petition for Divorce 1. contains reasons 2. filed in the Provincial Supreme Court 3. Petitioner is the spouse seeking the divorce 4. Respondent is spouse being sued for divorce 5. If the charge is adultery – the person named is the co- respondent 6. Court official serves the petition to the respondent 7. Formal response (answer) must be made within ten days

Divorce Trial 1. Decree nisi granted –  This tells you that your divorce is almost completed.  You have to wait a three months before you can make your divorce final. This is to allow time for anyone who objects to the divorce to tell the court why they object. 2. After three months, decree absolute granted 3. No further appeal possible