If something is broken inside a relationship and seems like it is never fixable, then getting a divorce is the best decision you can take for yourself and your spouse. But it is not that easy to get divorced. It is not like seeking a piece of paper, and we are done. When someone builds a family, they do everything jointly out of love, trust, and respect. So keeping these joint things on a cliffhanger, you can never ask for a divorce. If children are involved, then you have to think furthermore. Make sure you have thought about this situation thoroughly to make the best arrangements for your children.
We will discuss further in this article the laws, terms, and conditions of severing corollary relief according to the Family Law and Divorce Act.
If You Need a Divorce Now: Know about Severing Corollary Relief
If one side seeks to sever the corollary relief, they simply require the Court to allow the divorce to continue until additional issues are held. These are- the division of property, fulfillment of the debts, spousal support, child support, and access, etc. In most cases, the Court is reluctant to issue a Divorce Judgment where the spouses have unresolved disputes. Most of the time, the involved couples try to obtain the Divorce Judgement before everything so that they can be legally divorced and move on with their lives or get married. The truth is that as long as childcare supports and matrimonial property disputes exist, severing the corollary relief is almost impossible.
What is corollary relief in divorce?
The common corollary relief definition is- when there is a disagreement over an issue or concerns during the separation, corollary relief application is applied to the Court issuing a decision relating to matters other than the divorce itself. There are many issues related to it, such as financial care, child custody, and access to them.
When you file for severing corollary relief in the court, you are telling the honorable court to let carry on with the separation without making a proper decision on the additional matters that come after it. These include the division of your marital property and debt, spousal and child support, child custody, access, and other parental issues. So, the court will decide on you and your partner’s behalf. Now, as the sole decision-maker is the sitting justice, they need to carry on several considerations to make the right decision on the given circumstances. Sometimes, it is not the best decision for the dependents of the former spouses. That is why, in most cases, it may not be the accurate decision for every party.
Corollary relief order
In many states, Corollary Relief Order is given with the divorce. For example, in almost any divorce in Nova Scotia, a Corollary Relief Order (CRO) is given. The CRO deals with the problems that are resolved by you and your partner via an agreement. Or by a judge during the divorce trial. Parenting relationships (custody and access of the children), child and spousal supports, land, pensions, and debt separation are all examples of these issues.
Divorce judgment and corollary relief order
Regardless of whether the divorce was disputed or not, you will get the same two directives after it is finalized. The main distinction is that you (and maybe your spouse) file the paperwork yourself while the divorce is uncontested. If the divorce was disputed and settled in a courtroom, the judge (if no side has a lawyer) would prepare the orders, or one of the judges or parties may do so.
In the divorce order, it would be mentioned that you two were married previously and now are separated. After 31 days of the order, a divorce order will be effective. Through these 31 days, you can appeal for claiming some changes in the corollary relief order. If not, then after the 31st day, the divorce certificate will be mailed to both of your addresses.
What do the Family Law and Divorce Act say?
In the world of family law, “divorce” is typically one of the most straightforward legal questions. There could be a lot of things sorted, such as child custody and access, spousal support, division of property, etc. Sometimes, the former partners want to sort these things out after the final verdict. And that is called severing corollary relief.
In the family law, about corollary relief, we see,
According to Rule no 12 (6), severing corollary relief can be done if none of the spouses get disadvantages (sometimes people get insurance and it is valid for the married couples, then the court will think about it differently). And the reasonable and required arrangements (it should be enough and can vary from case to case according to the circumstances) of the children dependent on the spouses would be made in the name of child support.
Furthermore, in the Divorce Act, section no 11 (1), it is said that the arrangement for the children should not be for namesake. The court should be satisfied with it and approve of it.
What if children are involved?
As mentioned before, do not forget that if children are included in the marriage, severing corollary relief can be difficult. The Court has the responsibility to ensure that fair considerations are to be taken and the spouses are not just thinking selfishly. In most cases, ‘reasonable arrangements’ include a detailed parenting/access schedule as well as a child care policy.
So, in simpler words, a Justice is unable to see a persuasive argument to grant corollary relief and continue with the Divorce Judgement without guarantees that the children will be cared for.
In family law, corollary relief is most often interpreted to apply to topics of spousal care, child support, childcare, and land separation. If you’re thinking of filing a petition for severing corollary relief in your divorce, talk to an accomplished lawyer in your area. The lawyers have experience in dealing with these kinds of applications and will advise you about whether the conditions merit an application for severing corollary relief. If you have no idea in this field, you should go and seek guidance from the lawyers to prepare you for your case.