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Separation In Saskatchewan vs. Divorce: Key Differences

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Published by:

David Johnson

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Reviewed by:

Alistair Vigier

Last Modified: 2023-08-12

Are you looking for a separation agreement in Saskatchewan? We have very affordable lawyers who can help you.

They focus on excellent communication and working with their clients remotely. This saves them money. Therefore, they can pass on these savings to their clients.

If you are not separating, and are planning to move in with your common-law partner, see our cohabitation page.

Therefore, it doesn’t matter which city you are in. You could be anywhere in Saskatchewan.

Rights and Obligations: What Separation Means for Saskatchewan Couples

You don’t have to file for separation in Canada. Normally, the process is that you are separated for a year. After a year, you are eligible for a divorce.

During the one year, you need to be able to prove to the judge that you have indeed separated. That’s one reason why it makes sense to speak to a lawyer in Saskatchewan that does family and divorce law.

Listen to some tips on how to think about your legal issue below.

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Saskatchewan divorce lawyers

During the one-year separation, you should be working on a separation agreement. You can either hire a law firm or start drafting it yourself.

You will need to retain a lawyer to make sure the contract is proper and legally binding. Also, a lot of people forget to add key things to the contract.

Once you are eligible for divorce, then you will either need to send in your court order or your properly drafted (with independent legal advice) separation agreement. If you do not do this, then your divorce will not be approved.

This process can be as quick as six months, or as long as six years. You will either need to pay the law firm from your own funds or see if you qualify for legal aid (if you don’t have much income.) Do not lie when applying for legal aid. That’s fraud.

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How long do you have to be separated before divorce in Saskatchewan?

The province of Saskatchewan has established a mandatory separation period before filing for divorce. Under the current legislation, couples must live separately and apart for a minimum of one year before initiating divorce proceedings.

This requirement is in place to allow couples time to contemplate their decision and the impact of their separation on their lives.

It is important to note that the separation period is more than just physical distance between the parties involved. It also requires that the couple is leading separate lives, without any intention of reconciliation.

During this time, both parties must maintain separate households, finances, and social lives.

In addition to the separation period, there may be other factors to consider when filing for divorce in Saskatchewan. These include the division of property, spousal support, and child custody arrangements.

According to the latest data from Statistics Canada, the crude divorce rate in Saskatchewan was 2.2 per 1,000 population in 2018. This rate has been steadily decreasing since the early 2000s when it was as high as 3.3 per 1,000 population. However, divorce continues to be a significant life event for many Saskatchewan residents.

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What is a wife entitled to in a divorce in Saskatchewan?

In Saskatchewan, marital property is distributed equitably upon the dissolution of a marriage, as per The Family Property Act. This act mandates that all property acquired during the course of a marriage must be divided equally between both spouses, regardless of individual ownership or titling.

To arrive at the net family property, the value of all assets acquired during the marriage is calculated, after deducting the value of all property each spouse brought into the marriage, as well as any inheritances or gifts received during the union.

Separation In Saskatchewan

Spousal support may be ordered by the courts, depending on the unique circumstances of each case. The duration and amount of spousal support can be determined by several factors, such as the duration of the marriage, the income of each spouse, and their respective needs and responsibilities.

It is important to note that the division of marital property and spousal support are just a few of the several issues that may arise during divorce proceedings in Saskatchewan.

The distribution of child custody and support, as well as parenting arrangements, are other matters that may need to be addressed.

Statistics Canada reports that in 2018, Saskatchewan had a divorce rate of 2.2 per 1,000 population, which is lower than the rate observed in other Canadian provinces.

Divorce can be an emotionally and financially challenging experience for all parties involved.

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Separation In Saskatchewan

The Family Law Act is very confusing for a lot of people. There are both provincial and federal acts with the same name. Many of the provinces have their own Family Law Act with their own rules. You can learn more about the Family Law Act.

Make sure you speak to a lawyer before making any major decisions. This can include moving out of the house or changing the keys. It’s much easier to do things right the first time. It’s more complex, and therefore expensive, for the law firm to fix your mistakes.

Pro Tip About How To Work With An Experienced Family Lawyer

“An experienced family lawyer will cost more than a junior lawyer. The more experience a lawyer has, the more they will often cost. You need to be realistic with your legal fee budget.”

Lawyers can help with:

In conclusion, you do not need to file for separation in Saskatchewan. There are a lot of other things you need to do. So reach out today so we can connect you with a lawyer.

Author: Alistair Vigier is the CEO of ClearWay Law

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