Does Trying to Reconcile Reset the One-Year Separation Clock in Manitoba?

Many couples separate, then move back in together to give the marriage another chance. If it does not work out, a common worry is whether that attempt wiped out the time already counted toward a divorce.

Under the federal Divorce Act, the answer depends mostly on how long you lived together again and why. This article walks through the one-year rule, the 90-day reconciliation allowance, and what it means for filing in Manitoba.

This article covers the law of Manitoba.

The basic one-year separation rule

A court may grant a divorce on the ground that the marriage has broken down. The most common way to show a breakdown is that the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is decided, and were living separate and apart when the proceeding began.

Neither a court filing nor a formal "legal separation" step is a requirement for this ground. Manitoba government guidance says the same thing in practical terms: you do not need a court order or a formal separation agreement to separate, and you can simply live separate and apart.

What "separate and apart" means

The Divorce Act treats spouses as having lived separate and apart for any period when they lived apart and at least one of them intended to live separate and apart from the other. The test is living apart plus intention.

This is why dates and intention matter. Being able to say when you separated, and that at least one of you meant the separation to be real, is what you generally need to show.

The 90-day reconciliation allowance

A period of living together again of no more than 90 days, with reconciliation as its primary purpose, does not interrupt the one-year separation period. Justice Canada guidance adds that up to 90 days together to try to reconcile, whether before or after filing, does not stop the divorce action.

Some points to keep in mind:

• The rule is about a period of 90 days or less, and the main purpose has to be reconciliation.
• The allowance can apply before or after a divorce application is filed.
• Whether a particular stay together fits this rule depends on the facts. If you went beyond 90 days or the purpose was something else, a lawyer can tell you how the clock may be affected.

Filing early versus being granted the divorce

You do not have to wait a year to apply, as long as you are living apart when you apply. However, you must have been living apart for at least one year before the divorce can be granted.

Separately, you stay legally married until a divorce is granted, even if you have separated.

Grounds that do not need a waiting period

Breakdown can also be established if the spouse the divorce is sought against has, since the marriage, committed adultery or treated the other spouse with physical or mental cruelty that makes continued living together intolerable. In that case no one-year wait applies.

These grounds are tied to specific conduct and what can be shown about it, so many people still rely on the separation ground. A lawyer can explain which route fits your situation.

What to do next

• Write down the date you separated and when at least one of you decided the marriage was over.
• Note the dates of any period you lived together again and what the purpose was.
• Count whether that period was 90 days or less.
• Gather your marriage and financial documents in case you file.
• Get legal advice if the dates are unclear or you are unsure whether the clock was interrupted.

If children, property or support are involved, Manitoba guidance recommends considering a written separation agreement, arbitration award or court order, though it is not required.

Frequently asked questions