In Canada, a mandatory 1-year separation period is required before filing for a no-fault divorce.

Under the Divorce Act, couples must live separately for a minimum of 12 months before applying for a no-fault divorce in Canada. This separation period serves as proof of marriage breakdown and begins from the date when spouses start living apart. During this time:

  • Couples can live in the same home for economic reasons but must maintain separate lives
  • Brief attempts at reconciliation (up to 90 days total) are permitted without resetting the separation period
  • Spouses can create a separation agreement to address practical matters like child custody and property division
  • Either spouse can initiate divorce proceedings once the separation period is complete