Divorce & separation

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 is federal (Divorce Act), 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 order or restraining order can be part of your separation if you are at risk. This can happen quickly through your local courthouse.
• Don't sign anything (even a 'friendly' agreement) before getting legal advice. It can affect your rights.

Canadian resources