What does it mean to be separated?

Whether you are married or common=law, separation is when you and your ex decide to live apart. Being separated doesn’t mean your marriage has ended if you are married. Only a court can officially end your marriage through divorce process.

What does “separate and apart” mean?

• you are living in your own place or
• you are living in same place but have separate rooms, meals, and finances

Is it necessary to have a separation agreement?

No, you are not obligated to make a separation agreement. People who separate can make an agreement to set out what their rights and responsibilities are after separating.

It’s important that:

• both parties understand the agreement
• the separation agreement is fair
• both parties share complete and accurate financial information

What does a separation agreement deal with?

A separation agreement can deal with children, property, or support.

How do you make the separation legally binding?

• Create separation agreement
• Get independent legal advice (ILA) from a lawyer
• Sign agreement in front of a witness who will sign as well

How do you enforce the support part of your separation agreement?

Complete Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement