- Nothing on the Supreme Court's divorce and separation page says a court filing or order is needed to separate, because separation is about living apart.
- Spouses can be separate and apart under one roof if they stop joint activities.
- Your separation date can start or limit time periods for divorce, property division and support claims.
When a relationship ends, many people look for a form to file or an office to register with. In Newfoundland and Labrador, separation does not usually work that way.
This article explains what separation means, when paperwork becomes useful, and why the date you separated can matter later.
This article covers the law of Newfoundland and Labrador.
Separation is about how you live, not a filing
The Supreme Court's page treats separation as a matter of living apart. Court forms come in only when someone applies for a divorce or for orders on parenting, support or property.
Spouses can also be separate and apart while still under one roof. They may qualify if they stop joint activities, such as using separate bedrooms and doing laundry separately.
Because the situation turns on facts, keep a note of when and how your living arrangements changed.
A separation agreement is optional but useful
People who have cohabited in a conjugal relationship and are living separate and apart may enter into a separation agreement. It is unenforceable unless it is in writing, signed by the parties and witnessed.
A court may set aside a domestic contract if a party failed to disclose significant assets, debts or other liabilities, or did not understand the nature or consequences of the contract. A separation agreement should therefore include full financial disclosure.
A domestic contract on a matter the Family Law Act also covers prevails over the Act unless the Act provides otherwise, so a signed agreement on property or support generally displaces the Act's default rules. That is a good reason to get advice before signing.
Why the date of separation matters
| Issue | How separation date matters |
|---|---|
| Divorce | Breakdown is established by at least one year living separate and apart |
| Reconciliation | Resuming cohabitation for reconciliation for not more than 90 days in total does not count as ending the separation |
| Property division | An application cannot be brought more than 6 years after separation with no reasonable prospect of resuming cohabitation, among other limits |
| Spousal or partner support | No application may first be brought under that Part more than 2 years after the day the spouses or partners separate |
Property acquired after separation is excluded from matrimonial assets, as are gifts and inheritances received by one spouse from someone other than the other spouse.
Married and common-law couples
The Divorce Act applies only to married spouses. Unmarried partners claim support under the Family Law Act.
A partner is one of two persons who cohabited in a conjugal relationship outside marriage for at least 2 years, or at least 1 year if they are together the biological or adoptive parents of a child. The Act does not define cohabit, so a disputed start or end date is worth discussing with a lawyer.
Each spouse has the same right of use, possession and management of the matrimonial home, and a court can give one spouse exclusive possession on application.
What to do next
- Write down the date and circumstances of separation.
- List assets, debts and income, as full disclosure matters in any agreement.
- Note the time limits that may apply to you.
- Consider whether a written, signed and witnessed agreement suits your situation.
- Get legal advice before signing anything or moving out.
Frequently asked questions
Do I need a court order to be legally separated?
Nothing on the court's divorce and separation page says a court filing or order is needed. Separation is treated as a matter of living apart.
Can we be separated in the same house?
Possibly. Spouses may qualify if they stop joint activities, such as using separate bedrooms and doing laundry separately.
Is a verbal separation agreement enforceable?
A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed.
Will getting back together briefly restart the divorce clock?
Not necessarily. Resuming cohabitation for reconciliation for not more than 90 days in total does not count as ending the separation, but more than that restarts the year.
Sources
- Supreme Court of Newfoundland and Labrador – Divorce and Separation — court.nl.ca
- Family Law Act, RSNL 1990 c F-2 — assembly.nl.ca
- Divorce Act, RSC 1985, c 3 (2nd Supp) — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $1,838.85, tax included. Third-party fees are extra.