What is considered ‘separation’ in a no-fault divorce?

Separation means physically or emotionally living apart for at least one year before filing for divorce In Canadian family law, legal separation occurs when spouses begin living separate and apart, marking the breakdown of their marriage. This separation can take two forms: Physical separation - living in different residences Under-the-same-roof separation - living in the same home but maintaining separate: Sleeping arrangements Financial accounts Daily routines and activities Household responsibilities The one-year separation period must be clearly documented and demonstrated when filing for a no-fault divorce in Canada. Brief attempts at reconciliation during this period, totalling up to 90 days, are permitted without restarting the separation clock.

Legal Separation in Canada: 1-Year Rule Explained

Separation means physically or emotionally living apart for at least one year before filing for divorce

In Canadian family law, legal separation occurs when spouses begin living separate and apart, marking the breakdown of their marriage. This separation can take two forms:

Physical separation – living in different residences
Under-the-same-roof separation – living in the same home but maintaining separate:

Sleeping arrangements
Financial accounts
Daily routines and activities
Household responsibilities

The one-year separation period must be clearly documented and demonstrated when filing for a no-fault divorce in Canada. Brief attempts at reconciliation during this period, totalling up to 90 days, are permitted without restarting the separation clock.