What is the difference between Separation and Divorce?

Separation refers to you living separately and apart from your spouse. You are still legally married. (Once you and your spouse decide to separate, you can move forward with the mediation process.) To simplify the separation process includes the following:
  • Living separate and apart for one year
  • Going through the mediation process (or going through litigation AKA court)
  • Completing a legally binding agreement

If you so wish, the courts do not need to be involved in the separation process.

Divorce refers to paperwork you file with the court to receive a legal divorce.

What do I need for a separation?

During your initial consultation your mediator will advise you are to what you will need for your specific situation. Generally, all financial information is necessary including but not limited to:

  • Notice of assessments
  • Pension valuations
  • All assets
  • All debts
  • Property values
  • Bank account information
  • Savings account information
  • Credit card information
  • Line of credit information
  • RREP or RESP information
  • Investment information

Do I need a lawyer?

The short answer is no. There are ma ny separations that take place without the use of a lawyer. Once the agreement is complete you do have the option of each visiting a lawyer for Independent Legal Advice (ILA). Clarity works with a network of lawyers who’s mandate is aligned with our own.

What do I need for a divorce?

At Clarity we have made the divorce process simple for you. We provide you with a document that you each fill out and return to us. In addition to the form we will need your original marriage certificate. Once we receive those two documents we take care of everything from there.

What if we argue or do not agree on certain aspects of our separation?

That’s ok! This is exactly what we are here for. Our mediators are trained to work with you whether is conflict or not. Clarity has successfully mediated some of the most adversarial and controversial cases to full agreements. As long as you and your spouse are willing to following the process, there is a good chance we can get you through it.

Do I need a divorce?

If you wish to no longer be legally married to your spouse, you will need to file the paperwork for a divorce. (We can help you with that.)

For more information about separation and divorce visit https://claritydivorce.com/separation-and-divorce/