A judge may, in certain circumstances, delay a cohabitation or marriage. Some cases are still governed by provincial or territorial law, both in the event of separation and divorce. For example, provinces and territories are responsible: check your current coverage as part of your insurance plans and make any necessary changes if necessary. The pensions and social benefits page contains information on the impact of your divorce or separation on your insurance and pension benefits. You can prepare a separation agreement yourself or have one prepared for a lawyer (or notary in Quebec and British Columbia). Each partner must speak with a lawyer before signing the separation contract. Make sure you understand all the consequences of the agreement. In accordance with the Canadian Constitution, the federal, provincial and territorial governments share responsibility for family law. They do not need a separation agreement to separate them.

A separation agreement is usually a faster and cheaper way to solve problems than to go to court. A separation agreement can provide details such as: To file for divorce in Canada, you must first enter into a full one-year separation period. The only exception to this rule is that your divorce is being sought for adultery or cruelty. There are three acceptable reasons for divorce in Canada and each of them are outlined in the Federal Divorce Act and explained in detail on our divorce page. Signing a separation agreement is a very important step. It is important to remember that the decisions you make in this document will affect you and the life and future of your children. A separation contract is a binding contract that you must respect and is often used as the basis for your effective divorce. It is always best to have separation agreements established by a lawyer, or at least to be checked by one before being signed. Always make sure you carefully weigh everything on the agreement before approving it and then signing it. Federal, regional and territorial laws define how property should be distributed during separation and divorce. The laws that apply to you depend on it: second, there is no deadline for separation and divorce will never happen automatically after or because of separation.

In fact, you can stay separated from your spouse indefinitely without ever seeking divorce. The only legal reason for divorce is when a partner wants to remarry. Ideally, it is best to have separation agreements established by a lawyer. It is not normal for separation agreements to be drawn up by a lawyer and couples have the right to enter into their own agreements. If you choose your own separation agreement, it is important to review all of your provincial requirements so that you know how to successfully draft a binding and enforceable agreement by the courts.