Divorce and separation
Leaving is hard enough without the legal side. Here's what you need to know to start, one step at a time.
What to know first
- In Canada, you can separate without any legal document. The date you decide to separate is what matters legally. Write it down.
- Divorce falls under federal law, but property, custody, and support are governed by your province. You can deal with these before or without a divorce.
- Canada's Divorce Act was updated in 2021 and now requires courts to consider family violence in all parenting decisions.
- You don't need to agree on everything before separating. A lawyer or mediator can help you work through the details.
- A protection or restraining order can be part of your separation if you're at risk. This can move quickly through your local courthouse.
- Don't sign anything, even a 'friendly' agreement, before getting legal advice. It can affect your rights.