What should I do first when my spouse and I separate in Manitoba?

This answer covers the law of Manitoba.

Start with your safety, then your money and records, then arrangements for any children. You do not need a court order or a formal separation agreement to separate, and you stay legally married until a divorce.

If you fear for your safety, a protection order can be applied for without notice to a designated justice of the peace, and it can include no-contact terms or removal of the other person from the home. Write down the date you began living apart and whether either of you intended to separate, since living apart plus intention is what a spouse needs to prove. Gather your financial records, because court financial statements call for three years of tax returns.

A written agreement, arbitration award or court order is recommended, though not required, when there are children or issues about property or support. Because an agreement is a binding contract, each of you should get independent legal advice before signing. Before agreeing to sell or sign over the family home, know that an owner generally cannot dispose of a homestead without the spouse's written consent in the prescribed form. Property claims have time limits, so ask a lawyer early.