A community-oriented approach with a progressive editorial stance, striving for transparency and encouraging readers to consider multiple perspectives.

Saturday, June 21, 2025
booked.netCall us at 613-935-3763
Eco-conscious : Print an issue, plant a tree! 

No products in the cart.

  • About
    • Contributors
    • Disclaimers
    • Terms & Conditions
    • Giving back
    • Mission Statement
    • Past Issues
    • Where to Find
    • Call us at 613-935-3763
The Seeker - Positively Local, Suporting Local
  • Home
  • News
  • The Soapbox
  • Columnists
  • Events
  • Advertise!
    • Online
    • In Print
  • Puzzles
  • Videos
Seeker
No Result
View All Result

Marital Home: 5 things to Know Before you Get a Divorce

Isabelle Jones by Isabelle Jones
October 19, 2020
in This May Also Interest You
Reading Time: 3 mins read
0
person in white long sleeve shirt holding silver and black scissors

Photo by cottonbro on Pexels.com

Cohabitation is one of the duties attached to marriage that subsists until the end of the divorce, unless a separate residence permit is obtained from the judge. Breaking this cohabitation can constitute a fault. But it can be ruled out when there is a legitimate cause at the start or if it has been arranged with both spouses’ agreement.

Below are the things you must know before getting a divorce.

You might also like

Why Sustainable Weight Loss Often Takes Longer Than Expected

What to Consider Before Starting a Home Renovation

Multi-hyphenating in Canadian Indie Filmmaking: Insights from Toronto-based Film Producer Bardya Ziaian

1.      Only the Judge is Empowered to Authorize Departure from the Marital Home

Marriage obliges the community of life and entails the duty of cohabitation. Ending this cohabitation constitutes a fault that the other spouse can invoke during the divorce proceedings. In principle, the spouses are not free to decide alone to end their life together. It must be authorized by the judge. During the first hearing, the conciliation hearing, the spouses are allowed to live separately.

Leaving the marital home with the children is not possible, except in cases of violence. You need the consent of the spouse, who also has parental authority.

2.      Leaving home is Possible if the Reason is “Legitimate”

It is the judge who will assess whether leaving the marital home constitutes a fault. It has broad discretion and takes into account the circumstances of the departure, the personality of the spouses, and their attitude to determine what led to the departure.

Leaving the marital home may be justified and constitute a legitimate departure depending on the circumstances. The first legitimate case is obviously domestic violence. The judge may also take into account a life together made intolerable by one of the spouses; household scenes, offensive or abusive behavior, etc. Leaving may also be justified if professional obligations or health reasons cause it.

In the context of adultery, the departure of the deceived spouse is also a legitimate reason for leaving the marital home.

3.      An Amicable Departure: a Possibility, but Without Legal Value

In the absence of a legitimate reason for leaving the marital home, the spouses can organize an amicable departure. Therefore, it is essential to produce a written or handwritten agreement with the signature of both spouses.

This document has no legal value, but it does show that the separation was made amicably, that the spouse was notified and agreed. The judge can then rule out the seriousness of the abandonment of the domicile since it was not brutal.

But before any decision, consult a family law lawyer to consider all the personal and financial consequences and protect yourself.

4.      A Temporary Departure will not be Considered as a Fault

A temporary departure is possible without this constituting a fault. It may be necessary, for example, to pacify a conflict. But it is necessary to protect yourself, for example, by informing your relatives (family or friends) who can then testify. Notifying your spouse of temporary departure in writing (email or even SMS) can also constitute proof.

5.      Before Leaving the Marital Home, it is Better to Organize

It may also be beneficial to provide an organization for children. Such provisions show that the spouse who leaves still cares about his children. Thus, it is possible to provide for the payment of support for the children and the spouse and arrange a right of the visit to continue to see them often. It is important to send your new address to the spouse.

If you are a tenant with your spouse, you remain jointly and severally liable for the rent to the lessor. If the spouse no longer pays the rent, the landlord can also sue you.

Isabelle Jones

Isabelle Jones

The information contained in this article is for informational purposes only and is not in any way intended to substitute medical care or advice from your doctor, or be interpreted as expert opinion.

Next Post
woman wearing face mask at airport

How COVID-19 Has Changed Travel in Canada

Categories

  • Business & Finances (15)
  • Columns (626)
    • Archived (115)
      • Filter-Free Zone (9)
      • For What it's Worth (37)
      • Fostering Change (2)
      • Memo from the Mayor (2)
      • Men Writes (26)
      • Mortgage Tips (1)
      • Seeker Snippets (22)
      • Take Note (6)
      • Which Witch is Witch? (10)
    • Current (389)
      • Appreciating Contemporary Art (2)
      • Discover SD&G (36)
      • Fashionably Marlene (13)
      • From Sharyn's Pantry (7)
      • Gardening – Ask Anna (27)
      • Grant Spills the Gravy (10)
      • Jay's Tech & Cyber Insights (4)
      • Keeping it Reel (27)
      • Local Spins from Bud's Records (9)
      • Louise Mignault (58)
      • Mental Health Matters (10)
      • Out and About (51)
      • Outdoor Club (23)
      • Reality Bytes (8)
      • roadSIGNS (31)
      • Smart Move with Sondra (3)
      • The Resilient Life (5)
      • Transition Cornwall+ (16)
      • What I'm Reading (2)
      • Wondrous Life (33)
      • Yafa Arts & Craft (21)
    • Friends of the Cline House (1)
  • Douris Deliberations (6)
  • Events (1)
  • Health & Fitness (10)
  • Home & Garden (11)
  • Interviews (156)
    • 5 questions with… (106)
    • Business Profiles (1)
    • Locals in the Loupe (47)
  • Leisure & Lifestyle (736)
  • News (2,567)
    • Ontario (1)
  • Politics (24)
    • Federal Elections (10)
    • Provincial Elections (10)
  • Science & Technology (46)
  • Sports (3)
  • The Adventures of D.B Cooper (1)
  • The Soapbox (259)
    • Agree to Disagree (114)
  • This May Also Interest You (1,575)
  • Travel (52)
  • You May Also Like (969)
Facebook Twitter Instagram Youtube TikTok
Don't miss anything!

Get notified of all our new news by ringing the bell at the bottom left corner!

Content Safety

HERO

theseeker.ca

Trustworthy

Approved by Sur.ly

2024
Disclaimers
Stock Photos partially provided by our partner Depositphotos
The Seeker Newspaper is located at 327 Second Street E., Cornwall, ON K6H 1Y8 -- All rights reserved
The Seeker does not accept responsibility for errors, misprints or inaccuracies published within.Please note that the views and opinions expressed in news article are solely those of the authors and do not necessarily reflect the official policy or position of The Seeker. The content provided is for informational purposes only and has been written from the authors’ perspective, aiming to engage and inform readers. The Seeker is committed to presenting a wide range of viewpoints and encourages readers to conduct their own research and exercise critical thinking when considering these opinions in the context of their own perspectives.
ISSN 2562-1750 (Print)

ISSN 2562-1769 (Online)
No Result
View All Result
  • Home
  • News
  • The Soapbox
  • Columnists
  • Events
  • Advertise!
    • Online
    • In Print
  • Puzzles
  • Videos

© 2023 Reducing our footprint!   For every issue we print, we plant a tree!

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.