Lesson 1: Annulment and Separation
How many marriages do you know of that have broken down? Probably quite a few, perhaps even within your own family. The rate at which marriages fail is increasing, and this is a situation which our courts and lawmakers have to deal with.
Couples can effectively end their marriages in several ways. Listed simply, they are:Not all of these processes terminate the marriage in a legal sense, as you will see, though they all do put an end to the elements that most people consider fundamental to a meaningful married relationship.
- obtaining an annulment;
- living apart;
- obtaining a legal separation by way of a separation agreement;
- petitioning the court to declare that the relationship is irreconcilable; and
- getting a divorce.
Annulment
An annulment does not put an end to an existing marriage like a divorce does; rather, it states that there never was an actual marriage in the first place . A person whose marriage has been annulled has legally never been married; from a legal point of view, he or she can continue on with life just as before.Separation
Unlike the situation with an annulment, a couple who have separated remain legally married. Basically, there are three methods of achieving separation.
Simply Living Apart
When a married couple simply separate physically and live apart from each other, no legal agreement is drawn up. They are still married but lead largely separate lives.
Legal Separation
Legal separation is a form of separation whereby a legal document called a separation agreement is drawn up by with the assistance of a lawyer. Separation agreements are contracts enforceable by the courts. They must be drawn up by lawyers and contain a certificate acknowledging that each party had independent legal advice. An agreement of this sort usually contains the following:
- an agreement for parties to live apart and not to bother one another;
- an agreement on the division of property;
- financial provisions (normally with one spouse providing for the other);
- a provision for care of the children if there are any (Note that such provisions are subject to review by the courts. They will not be enforced unless the court is convinced that they are in the children's best interests.); and
- a cost-of-living clause.
A Court Declaration
Under Alberta's Family Law Act, one spouse can apply for a declaration by the Provincial Court, Family Division that the relationship is irreconcilable. If this is granted, the court will decide all aspects of the division of assets, support payments, and responsibility for any children. This type of separation is necessary if one of the spouses will not agree to a separation voluntarily; it most often occurs in cases of desertion, assault, or adultery. Separations of this sort are not common with married couples; if things have reached this stage, most couples opt for divorce.