In Canada, living separate and apart for at least one year is the main legal ground for no-fault divorce
Under the Divorce Act, Canadian couples can obtain a no-fault divorce by demonstrating marriage breakdown through a one-year separation period. This straightforward process eliminates the need to prove wrongdoing or assign blame to either spouse.
The separation period must meet these criteria:
- Spouses have lived physically separate and apart for at least 12 consecutive months
- At least one spouse intends to live separately and end the marriage
- Couples may attempt reconciliation for up to 90 days during the separation without resetting the one-year clock
- The separation period can begin even if couples continue living under the same roof for financial reasons, provided they maintain separate lives