Am I Legally Separated in Ontario If We Never Signed Anything?
Yes, you can be separated in Ontario without signing anything. In everyday terms, you are separated once you have stopped living as a couple, and you do not need a divorce to be separated.
Provincial law still applies: in Ontario, the Family Law Act and the Children's Law Reform Act deal with support and parenting for married couples who separate without divorcing, and for unmarried couples. Married spouses share equally the value of property acquired during the marriage, with property counted on the separation date. Common-law partners have no legal duty to split property, which generally belongs to the partner who bought it. Spousal support can be claimed by married spouses, partners who lived together at least three years, and partners in a relationship of some permanence who had a child together.
If you want terms in writing, a written agreement on child support, parenting or spousal support must be signed by both parties in front of a witness. To have support terms enforced by the Family Responsibility Office, a domestic contract must be filed with a court and then registered with the office. A lawyer can help you confirm where you stand.
Key takeaways
- You do not need a divorce to be separated, and Ontario law still deals with support and parenting for couples who separate without divorcing.
- Spousal support can be claimed by married spouses, by partners who lived together at least three years, and by partners in a relationship of some permanence who had a child together.
- A written agreement on child support, parenting or spousal support must be signed by both parties in front of a witness.
- To have support terms enforced by the Family Responsibility Office, a domestic contract must be filed with a court and then registered with the office.