Overview

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  Ending a marriage can be a delicate issue, especially if you are unclear of the requirements under law in your country. In Canada, separation and divorce laws are often misunderstood. For instance, many believe that there is no such thing as legal separation, or that a couple is considered automatically divorced once they have been separated for a certain period of time. Both assumptions are false. For a smoother separation, understand the requirements and rights under law that a couple must face when ending a marriage.
  
  

Legal Separation

• A separation is considered legal in Canada when a couple considers themselves to be living separately. The couple is not required to live in separate residences to be considered "separated", however. Once a couple has been separated for a year, they may file for divorce if they wish, reconcile or remain separated. The law will not consider a couple automatically divorced if they remain separated for a certain period of time; an application must be filed through the court for a divorce to be considered legal.
  
  

Separation Agreement

• A separation agreement is not required under law, but is very useful in providing legal documentation of any decisions you and your spouse make regarding financial obligations, spousal support, child rearing, and division of property. Without this document, it will be difficult to prove that you and your spouse had come to an agreement if your spouse fails to adhere to the arrangement later on. A family law lawyer could help you draft the agreement and ensure that it is properly signed and legal.
  
  

Ontario Law

• In the state of Ontario, separation is defined by law as a couple living apart with no chance of reconciliation. Unlike the rest of Canada, Ontario requires separate residences for a separation to be considered legal. The couple is responsible for coming to an agreement about issues such as how to divide the property, how to raise children if any exist and how to handle any financial obligations, such as paying off debt and managing accounts. It is wise in these situations to write and sign a separation agreement. This will hold up in court in case one spouse chooses not to honor the agreement.