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