I Am Considering Separating From My Partner – What Next?

It is 2025. Most people are deeply connected to their smart phones. As a collective, we are shifting towards a population where information is at our fingertips and Chat GPT has become a common tool the public can use to obtain information. The reality is that more and more people are deciding to end their relationship. The rates of divorce and separation continues to climb. The family unit has evolved significantly over the last 40 years. In the 1970’s, a divorce in Canada was impossible without proof of adultery or mental cruelty.

People evolve and change over their lives, and when in relationship, this could result in separation. While it is best practice to prepare for separation by entering into prenuptial or cohabitation agreements, most people hope for the best when they get married or choose to live together and are not prepared for the legal consequences. Any topic can be researched, but unfortunately, there are many places on the internet that will lead people in the wrong direction when it comes to divorce. The best thing to do is to consult a lawyer to find out your best way forward.

Every family situation is unique, and when it comes to significant events, death is number one and divorce is number two. There is a significant amount of grief related to the breakdown of a marriage. On many occasions, the breakdown of connection will make the spouse feel like a stranger. A lawyer should be contacted as soon as possible, preferably before any concrete steps are taken to separate. Depending on your role in the relationship, you may be entitled to support, or you may be required to financially support your spouse upon separation.

In Canada, the Divorce Act governs divorce proceedings, and the Family Law Act governs the breakdown of relationship for adult interdependent partners (AIPs). In Alberta, unmarried partners are defined as AIPS when they meet legislated criteria, most seen when they reside together for at least three years, or if they reside together with children.

It is important to speak to a lawyer who can offer all of the process options available to address the breakdown of relationship. Court is always the last and most expensive resort. It is much better when spouses use out of Court processes to resolve disagreements because it is less expensive, less stressful and the parties walk away much more satisfied when they have come to their own agreement.

Divorce and separation have the largest impact on the children involved. It is well documented that children who are exposed to high conflict grow up to have psychological and physical ailments resulting from the Early Adverse Childhood Experience (ACE). When parents bring their children into conflict, those children are more likely to suffer from mental health disorders, addiction, digestive problems, and the list goes on. Finding a lawyer who is determined to keep the conflict low, solve problems and see the humanity in everyone involved is the best way forward.

The lawyers at Prowse Barrette LLP are committed to carrying forward in a manner that ensures our clients are seen and heard throughout the divorce and separation process.