When a relationship ends, difficult decisions must be made
When two people who have been in an intimate relationship separate — whether they are married, living in a common-law relationship or have never lived together — a number of decisions must be made:
- If they have children, they must decide on arrangements for them
- One person may need the financial support of the other person
- The children must be supported financially too
- The adults must decide what will happen to the home they shared, whether it’s property they own or a place they rent
- They will need to divide their property
These can be difficult decisions.
Why family law helps
Such decisions can be handled informally by the couple without involving the law, but it is better if they are done legally in order to:
- Ensure everyone’s rights, including the children’s, are protected
- Hold the adults accountable for following through on what they agree on
To resolve issues legally, the former partners will often use family law. This means legislation and legal processes that deal with separation agreements and divorces, property division and the family home, spousal and child support, arrangements for children and, where relevant, safety issues.
The former couple will need to work with lawyers to finalize these decisions. If they have disagreements they can’t resolve, they can meet with a mediator and/or go to family court.
When there’s abuse
When one person in the relationship is abusive to the other, making decisions at the end of the relationship is much more difficult, and there may be ongoing safety issues.
As the relationship ends, the abusive partner may struggle with losing control. This often leads to increased violence.
According to Ontario’s Domestic Violence Death Review Committee, a woman is at the highest risk of being killed by her former partner beginning when the partner knows, or believes he knows, that she’s planning to leave. That risk continues over several months after the initial separation.
This is the very time when separating couples turn to family law to resolve disputes about their children, finances and property. A woman may also turn to family law for safety reasons, to get a protection order or an order giving her exclusive occupancy of the family home.