Here Is The Difference Between Divorce And Separation In Ontario

Ever wondered what’s the difference between a divorce and separation or are they both the same? First, let’s look at the definition of separation and divorce in the family law context.

When a couple has been living together as a married couple or in a common-law relationship and they break up the relationship, then such is the case of separation. The couples proceed to live together even after separation but they will be considered separate. Oftentimes, this may happen due to financial and practical conditions.

On the flip side, when the marriage of the couple is dissolved through the court then it is termed as divorce. A family lawyer might often get questions from clients, “We are a common-law couple, are we entitled to divorce?” “Are we entitled to family assets as a common law spouse?”

It is pertinent to note that only validly married couples can obtain a divorce. In order to obtain a divorce, the spouses can file for a divorce either separately or together.

Is There Any Criterion For Obtaining A Divorce?

Three “grounds,” or justifications, exist in Canada for the court to grant a divorce:

• Separation; the couple has been living apart for at least a year,
• Adultery,
• Cruelty (includes physical and emotional abuse)

Divorce and separation are unilateral decisions. Your spouse does not need to concur. You only need to decide that your marriage is finished, tell your spouse, and then begin acting in a way that reflects that choice if you want to get divorced.

 Get In Touch With Us!

Need assistance with drafting a separation agreement at the end of your marriage and common law relationship or unsure how to claim your rights as a valid partner or common-law spouse.  Talk to one of our family lawyers at Ayaz Mehdi Professional Corporation.

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