Separating well means dealing with parenting, support and property in the right order, and putting the result in writing. We guide you through each step, from the first weeks of separation to the divorce judgment.
In Canada, the most common basis for divorce is that the spouses have lived separate and apart for at least one year. You can be separated while living under the same roof if the relationship has ended. Separation itself does not require a court order, but the decisions made in the first months, about where the children live, who pays which bills and what happens to the home, often shape the final outcome.
If you and your spouse agree on all issues, an uncontested divorce can often be obtained on paper, without either of you attending court. Where there are disagreements, the issues can be resolved through negotiation, mediation, arbitration or a court application, and the divorce follows once they are settled or decided.
If you were not married, you do not need a divorce, but parenting, support and, for adult interdependent partners, property issues still need to be resolved. Different time limits and rules can apply, so get advice early.
Claims for property division and some other relief must be started within set time limits after separation or divorce. Do not assume that time is on your side.
You and your spouse begin living separate lives. We advise on interim arrangements.
You exchange financial information and work toward an agreement on all issues.
Issues are settled in a separation agreement or decided by a court or arbitrator.
The Court of King’s Bench grants the divorce, which takes effect 31 days later in most cases.
A divorce can be based on adultery or cruelty without waiting a year, but these grounds must be proven and are rarely the fastest route. Most divorces rely on one year of separation.
The court generally needs to be satisfied that reasonable arrangements have been made for child support before granting a divorce. Other issues can sometimes be resolved separately.
Usually yes, but moving out can affect parenting arrangements and property issues. Get advice before you leave if you can.
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The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
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The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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