It is also possible to obtain a declaration of irreconcilability, but generally speaking, there is no reason to take this step. Some clients ask us about getting a “legal separation” or some other term. This is almost never necessary as
1) parties almost never have to prove separation, and
2) there are other more practical ways to secure your rights on the breakdown of a marriage or common law relationship.
If you are separated, and you want to either end your marriage or at least settle the issues surrounding the breakdown of your marriage such as child custody, child support, spousal support (also known as maintenance or alimony), or division of property, you can bring an action under the Divorce Act, the Family Law Act, and/or the Matrimonial Property Act.