Divorce, Separation and Division of Property

Separation

Separation occurs when a couple decides to live apart from each other upon the breakdown of their relationship. Both married and common-law couples can separate. There is no formal document or court process needed to separate from a partner. Before you can divorce your spouse, you must be separated for at least one year. 

For more information about separation, please consult the Government Of Canada’s webpage on “Divorce and Separation”.

Divorce

A divorce is granted by a court and it officially recognizes that a marriage has ended. Only married couples can divorce.

Some exceptions apply; in general, to be divorced in Canada, you and your spouse must:

  • Be legally married under Canadian law or under the laws of another country (*those laws must be recognized in Canada);

  • Your marriage has broken down;

  • You or your spouse lived in the Canadian province (or territory) where you applied for divorce for a full year before making your application.

Under Canadian law, you can show that your marriage has broken down in one of the following ways:

  • You have been living apart, with no prospect of reconciliation, for at least one year;

  • Your spouse has been physically or mentally cruel to you;

  • Your spouse has committed adultery.

You can apply for Divorce yourself or you can do so under the advice of a lawyer who will help you fill out provincial forms and navigate the court system.

For more information about Divorce, please consult the Government Of Canada’s webpage on “Divorce and Separation”.

Division of property

Whether you are divorced or separated, married or common-law, the breakdown of a relationship may involve the very challenging process of dividing property. Here is where what you acquired together during the relationship must be divided. Everything matters, no matter their monetary or sentimental worth. 

Property division upon the breakdown of your relationship, can be a daunting task. We help you understand and take control of the decisions you need to make for the division of such items as: investments, plans, cash, pets and furniture by providing you with the legal information you need along with practical options you may have available to you.

For more information about Division of Property, please consult the Government Of Canada’s webpage on “Dividing Property”.