Does being separated for one year mean we are automatically divorced?
No. Canada does not have automatic divorce. No matter how long you stay separated — one year, five years, even ten years — the marriage continues unless you actively apply to court for a divorce. One year of separation gives you the right to apply; it does not end the marriage by itself.
Key Points
The Canadian Divorce Act provides that one year of separation is the most common ground for divorce (marriage breakdown). But it only gives you the right to apply — it does not automatically end the marriage.
You must actively file a divorce application with the Ontario Superior Court of Justice, go through the court process, and receive a Divorce Order before the marriage is legally over.
Detailed Answer
Miao He has represented a client who had been separated for ten years and had never filed for divorce. He believed the passage of time had ended the marriage automatically — it had not. He remained legally married, could not remarry, and the property issues had become significantly more complicated.
After one year of separation, if you are ready to proceed, you will typically need to prepare evidence of the separation date, a financial disclosure, and the necessary court documents to file the application.
"Long separation = automatic divorce" is a costly misconception. Once you have been separated for a year, consult a lawyer about starting the divorce application process.
For the full explanation, read: Separation vs. Divorce in Canada: Key Legal Differences. Contact Miao He at 647-930-6688 to book a consultation.
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