About Separation and Divorce

A "separation" occurs when a couple’s relationship breaks down and they decide to live apart. Couples who separate may either be married to each other, or they may be unmarried but living together like spouses in what is known as a "common-law relationship".

A "divorce" occurs when a marriage is officially ended by a court. Only married couples can divorce.

If you separate and/or divorce, you and your former spouse/partner will need to make decisions and arrangements about a number of different issues — such as how to deal with your family residence and who will pay family debts. If you have children, you will also need to make decisions and arrangements about who will take care of the children and how the children will be supported financially.

Provincial and territorial laws on support and custody/access will apply to separated couples (married and common law). The federal Divorce Act starts applying to married couples once they apply for a divorce. Then, the issues of parenting arrangements and child and spousal support are determined using the federal Divorce Act. Certain other issues, such as the division of matrimonial property, remain under provincial or territorial law.

Different laws apply to different types of couples because the federal, provincial and territorial governments share responsibility for family law under Canada’s Constitution. The federal government is responsible for making laws related to divorce. The provinces and territories are responsible for making family laws related to unmarried couples, married couples who separate but have not yet applied for a divorce, and matrimonial property. The provinces and territories are also responsible for the administration of justice. This includes the enforcement of support and custody orders and the provision of family justice services such as parent education and mediation.

Because of this shared responsibility the federal government works closely with the provinces and territories to find ways to help families going through separation and divorce in order to:

• Avoid the expense of duplicating procedures and services.
• Reduce the confusion of different laws on the same subject.
• Ensure that the best interests of the children take priority over anything else.