If so, below are some important facts and information regarding separations in Canada.
This can be complicated and usually requires legal representation.
A separation agreement is a legally binding contract created between two spouses, at the time of their separation.
In the event that separate addresses are not possible (due to finances, children, etc.) you may reside at the same address as your spouse, and still be separated.
In this type of situation the court will require that the couple prove that while they were dwelling at the same address they no longer lived as a couple.
However, the term ‘legal separation’ is commonly used to describe the contract that is created between two spouses at the time of their separation.
Second, there is no time limit to being separated, and a divorce will never automatically occur after or because of a separation.
First, there really is no such thing as filing for ‘legal separation’ in Canada.
You are legally separated as soon as you and your spouse are ‘living separate and apart’.
Due to this, it is important that you are fully educated about all your legal rights and are completely comfortable and confident before signing a separation agreement.
In the event that you and your spouse cannot agree on some or all of the items in a separation agreement, you can contact a mediator or retain separate lawyers in order to help you resolve your differences.
In order to file for divorce in Canada you must first complete a full one year separation period.