How do I get a “legal separation”?
As soon as you are no longer living together, you are considered separated. You need not take any further action to make it “legal”. Many people think they must get a court order to be “legally” separated. This is not the case. The law does not require you to have an agreement or a court order to be legally separated. Eventually you will need to work out family law matters such as child custody and access (if you have children), child and spousal support, division of property and rights to pensions. This usually means you will need a written agreement or court order for these family law matters. If you were legally married and want to end all your rights and obligations as a married person, you will have to apply to the court for a divorce to do.
What is "Custody" And "Access"
Custody means having the care and control of a child. During a relationship, children are in the custody of both parents unless there is a court order or written agreement otherwise. When a couple separates, the parents need to decide on arrangements for the care of the children. The parents may agree in a separation agreement or a consent order that the custody, care and physical control of the children will be the responsibility of one parent, or be shared by both parents. A parent who does not have custody of the child would generally have the right to reasonable access to the child. If parents cannot agree, either of them can apply to the court for an order setting out custody and/or access. There is no waiting period to apply for custody. A court can grant a custody order at any time after a separation. The court must consider only the best interests of the child. The court will not consider past conduct, including abuse, unless the conduct is relevant to the person’s ability to act as a parent. The court
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