If you are thinking about a separation or divorce, you probably have a lot of questions to ask a lawyer in Ontario about separation.

In Canada, divorce is covered by the federal Divorce Act. But each province has different statutes governing family law, so it’s important to receive guidance that is appropriate for your area.

Sutherland Law has served the GTA and central Toronto in family law, employment, real estate, construction, corporate law and criminal law since 1989. Our family law team has a deep understanding of Family Law as it applies in Ontario and federally across Canada.

What is the Difference Between Separation and Divorce?

A separation is when two people who have been living together as a married or common-law couple decide to live apart. If you are cohabitating (living in a common-law relationship), a separation can end that legal relationship. If you are married, separation doesn’t end the marriage. A divorce is finalized by a Divorce Order from the court. Note that you will need to apply for a Certificate of Divorce if you wish to remarry.

How Long Do You Have to Live Apart to be Separated?

There is no formal process for separation. To separate, one or both of you needs to decide you wish to live “separate and apart”. You can separate and still live in the same house, although most find that to be difficult. 

Do I Need a Separation Agreement?

One of the top questions to ask a lawyer about separation in Ontario is whether or not you need a Separation Agreement. A Separation Agreement is not required, but it is strongly recommended in order to come to an agreement on how you will separate, and to protect the rights of both parties. If you are married, issues of property division, support, and parenting responsibilities will be addressed during your divorce. If you are cohabitating, a Separation Agreement is one of the only ways to document your wishes and protect your rights.

Do I Need to Go to Court for a Separation?

No. If you and your ex-partner agree on your issues, you can document them in your Separation Agreement. It’s recommended you have an experienced family lawyer review your document to ensure the Agreement is fair to you and your family. However, if you do not agree, you can choose family law mediation or have the court decide. 

Do I Have to Pay Child Support if I’m Separating?

Yes. Parents have a legal obligation to support their children when they are separating, regardless of whether they are ending a marriage or in a common-law relationship. The federal government provides guidelines on the amount of child support that must be paid.  

Can I Stay in My Home After Separation?

Maybe. This is where it gets a little more complicated. Property division is one of the key differences between a divorce and separation. When a married or common-law couple separates, who lives in the home, who owns the home, and how the value of the home is shared are three different issues. 

Married couples who are legally separating are both entitled to live in the family home. The general rule with common-law relationships is whoever owns the property keeps the property. That means if one partner owns the home, they can continue to live there. If both partners have contributed jointly to the home, you may have rights to share in the value upon separation. Of all the questions to ask a lawyer about separation in Ontario, property division, and home ownership, can be the trickiest. For more information, read our blog Navigating Home Ownership After Separation. 

If You Have Questions to Ask a Lawyer About Separation in Ontario, contact Sutherland Law

Our team of family law experts are here to answer your questions, and help guide you through the separation and divorce process. Contact us today, or get started with your family law case online.

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Resources: 

Steps to Justice – Separation and Divorce
https://stepstojustice.ca/legal-topic/family-law/separation-and-divorce/