毕竟两个人走到一起有过感情。如果双方都能换位思考,说不定不需要分手。
即便分手,也不要搞到苦大仇深的地步。孩子需要母亲,同样也需要父亲。有时候,所有因为分手的争斗对孩子都有负面影响。不论做任何决定,都请认真考虑“孩子的最佳”利益。
楼主执意要分手,下面是相关的法律条文。
DIVORCE (Divorce Act) Federal Law
8. (1) A court of competent jurisdiction
may, on application by either or both spouses,
grant a divorce to the spouse or spouses on the
ground that there has been a breakdown of their
marriage.(2) Breakdown of a marriage is established
only if
(a) the spouses have lived separate and apart
for at least one year immediately preceding
the determination of the divorce proceeding
and were living separate and apart at the
commencement of the proceeding; or
(b) the spouse against whom the divorce
proceeding is brought has, since celebration
of the marriage,
(i) committed adultery, or
(ii) treated the other spouse with physical
or mental cruelty of such a kind as to render
intolerable the continued cohabitation
of the spouses.
Separation agreements (Family Law Act, Ontario)
54. Two persons who cohabited and are living separate and apart may enter into an agreement
in which they agree on their respective rights and obligations, including,
(a) ownership in or division of property;
(b) support obligations;
(c) the right to direct the education and moral training of their children;
(d) the right to custody of and access to their children; and
(e) any other matter in the settlement of their affairs. R.S.O. 1990, c.
Form of contract
55. (1) A domestic contract and an agreement to amend or rescind a domestic contract are
unenforceable unless made in writing, signed by the parties and witnessed.
即便有分居合同,有证人,法庭仍有可能不承认合同。尤其是双方力量“不均衡”的情况下签的合同或者合同内容“不公正。” 所以最好双方都有自己的律师。目前省了钱,今后未必不会多花钱。
关于如何与律师打交道(省钱),可以悄悄话给我。