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Can one divorce with no legally signed separation agreement?

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  • Can one divorce with no legally signed separation agreement?

    Hello all --

    Separated now 5 years, a partially complete separation agreement not signed -- all assets divided, living in separate homes now for years.

    Question is this -- with no legally signed separation document, just a draft copy -- can I now apply and proceed with a divorce?

    Thanks all.

    Hubby

  • #2
    My uncontested simple divorce went through almost a year before the Separation Agreement was completed and signed. So from my experience the answer is yes.
    Last edited by first timer; 10-01-2011, 07:41 PM.

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    • #3
      In my divorce in New Brunswick, the judge would not grant the divorce until there was a settlement of child custody, access, support, division of marital assets and debts.

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      • #4
        You can usually apply to pull pieces of those out of the normal process. (ie. you CAN usually separate custody/access and equalization if you have reason for the request.

        As long as there is a current court motion in play to deal with those items separately, you can usually petition the court to allow the divorce to go through.

        You CANNOT have both a separation agreement (via family law) AND a divorce petition (via the Divorce Act) in motion at the same time. The divorce motion will take precendence (as it's FEDERAL) and place a stay on ANY AND ALL motions being heard in regards to anything under Family Law.

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