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If so, below are some important facts and information regarding separations in Canada.

We will clarify a few common misconceptions about separations and then help you to understand exactly what a Separation Agreement is and what it needs to cover. In fact, you can remain indefinitely separated from your spouse without ever filing for divorce. The only legal reason to obtain a divorce is if one partner wishes to remarry.

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In order to file for divorce in Canada you must first complete a full one year separation period. The only exception to this rule is if your divorce is filed under the grounds of adultery or cruelty.

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As noted above, there are no time limits to a separation in Canada. However, if you are using separation as grounds for your divorce, then you must be separated from your spouse for a minimum of one full year.

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You can begin the application process for divorce the day that you are separate, but the courts will not grant you your divorce until the full year has passed. If during this one year separation period you and your spouse get back together, this reconciliation will not affect your one year separation period unless you are back together for a period, or multiple periods, equaling more than 90 days.

Frequently Asked Questions

The purpose of this law is to allow couples a chance to try and work on repairing their marriage, without delaying a divorce in the event that their attempts are not successful. If you do indeed reconcile for a period of or exceeding 90 days and then separate again, you will be required to begin a new full one year separation period before a divorce can be granted.


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