People frequently ask us “when am I legally separated?” or “how to I legally separate?”
In Ontario there is no formal process to declare you are separated. You can be considered legally separated as soon as you take actions to end your relationship, be it a marriage or a common law relationship. The most obvious action is for one of the parties to have moved out and for the parties to be living in different homes. However, you can be considered separated while continuing to live in the same home if you have stopped sharing a bedroom and you have decided to live separate and apart permanently.
Things that can support your claim that you are separated may include:
- no longer sharing a bedroom
- no longer attending social get togethers as a couple
- no longer sharing activities or taking vacations together
- no longer having meals together
- separating you finances
Only one of the persons in the relationship needs to want to end the relationship to legally separate. You can continue to be married but be separated for years.
Whether you are separating after a marriage or a common-law relationship, it is still a good idea to have a written separation agreement no matter how amicable the separation has been. This is particularly true if you have children together and/or joint assets. Your entitlements during a separation are based on your own special circumstances. While you and your former partner can draft your own separation agreement, before it is finalized, you should have a lawyer review it.
It is important that you understand your rights and responsibilities when separated. Meeting with a lawyer can help you make informed decisions and protect you moving forward.
If you or someone you know needs assistance with a Family Law matter, we’re here to help – [email protected]
This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
