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How does a trial separation affect a Separation Agreement?

Region: Ontario Answer # 0113

According to Ontario family law, a couple becomes legally separated as soon as they are living “separate and apart.” Living “separate and apart” mean can mean:

  • Each person lives in their own residence, OR
  • Both people live in the same house but are living separate lives (e.g., not sharing finances, meals etc.)

Trial separation vs. permanent separation

A trial separation refers to a couple remaining married (or common law) but living separate and apart, but with the intention of possibly getting back together. A separation becomes “permanent” when at least one spouse has clearly decided that getting back together is not an option.

It is still recommended that couples in a trial separation create a Separation Agreement.

Getting the advice and help you need

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

Before you say “I do,” protect your future. Contact Prenup.ca for clear, enforceable marriage contracts that safeguard your assets and reduce conflict if things change. Speak with an experienced Ontario family lawyer today at 1-800-837-0460 .


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