In the past, the courts had the power to order what was then called a judicial separation. However, since the coming into operation of section 14 of the Divorce Act, this competency of the court was abolished. Couples who are married and who wish to separate and regulate their continuing proprietary relationship will have to enter into what is now called an extra-judicial agreement.
The main issue of the agreement will be that they will live apart but remain married to each other. If the parties share a home, they should agree who will live in it. If they have children, then they should agree on the parental responsibilities and right as well as the maintenance of the children. They should also agree on spousal maintenance if applicable. If they have debts then they should agree on which party will pay which of the debts.
This agreement will only operate between themselves and will not bind third parties, like creditors. For example, if the parties agree that H will pay the bond on the house and H fails to pay, the bank can still claim the payment from W. Despite this agreement, the parties may still institute divorce proceedings.
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