Marriage Separation

It is important to note that there is no such thing as filing for legal separation in Canada. Legal separation is evident once you and your spouse are living separate and away from each other.

There is no definite period in being separated and divorce will never arise routinely after or because of the separation. It is possible to be separated from your spouse and still be married to them. This marriage can only be legally dissolved by a divorce, which opens the door for an individual to remarry.

In order to file for a divorce in Canada one year of separation must be completed. Other legal grounds for divorce include adultery or vindictiveness.

A separation agreement is defined as a legally binding contract between the spouses at the time of their separation which clarifies each spouse’s rights on issues connected to child custody and access, property, debts and support issues.  This agreement is not compulsory but highly recommended as it outlines specific arrangements accepted by both parties.

The document can be used as evidence in the scenario where terms and conditions are breached by the opposing party. It can become troublesome in confirming an unclear agreement thus it is also recommended that this document be prepared by a lawyer.  

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