Severance in Divorce
Introduction
Divorce is a complicated process, involving not just the dissolution of a marriage, but often a myriad of other issues such as equalization of property, support, and parenting arrangements. In some cases, one or both parties may wish to obtain a divorce before these other issues have been fully resolved. This practice is known as severing the divorce from the corollary issues.
Understanding Severance in Divorce
Severance in a divorce context refers to the process where the divorce is granted and finalized while some or all of the corollary issues are still being negotiated or litigated. These issues can include anything from property division to spousal support to child custody arrangements. It essentially allows the termination of the marriage to be treated separately from the other issues, enabling the parties involved to obtain a divorce and move forward with their lives even as the other issues remain unresolved.
Criteria for Severance
Under r. 12(6) of the Family Law Rules, O. Reg. 114/99, the court has the discretion to sever a divorce from the corollary issues under certain conditions. Firstly, neither spouse should be disadvantaged by the severance. This typically means that no party should lose any rights or benefits as a direct result of the divorce being granted separately from the resolution of the other issues. Secondly, reasonable child support arrangements must have been made. This ensures that the interests and welfare of any children involved are protected before the divorce is granted.
Impact of Severance
The primary impact of severing a divorce from the corollary issues is that it allows both parties to move forward with their lives. In particular, it allows them to get re-married if they wish. However, it's essential to note that despite being divorced, both parties maintain their rights to claim all outstanding corollary issues from the other, including spousal support and equalization of property. This means that even after the divorce is granted, the parties may still need to negotiate or litigate these issues.
Conclusion
Severing a divorce from corollary issues can be a beneficial process for parties who wish to move forward with their lives before all issues related to the divorce have been resolved. However, it's a complex procedure that requires careful consideration and expertise in family law. Always consult with a knowledgeable family law attorney to understand your options better and make an informed decision.
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