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Choosing between Divorce & Marriage Separation in Canada

Providing expert legal services for civil, family, construction, wills and estates and business law.

married couple ending their relationship

Choosing between Divorce and Marriage Separation in Canada

When couples reach a point where their marriage is no longer working, they may be faced with the difficult decision of separating or divorcing. While both options have pros and cons, it’s important to understand their differences, especially in the Canadian context.

What’s Divorce?

A divorce is the dissolution of a marriage. This means that two married people no longer have a legal connection to each other. Reasons for divorce include adultery, abuse, desertion, or simply an inability to get along. A court will determine the end of the marriage, and the parties will then be free to move forward with their lives.

To end your marriage, you must go through the legal process of filing for divorce. The court will then split up the possessions and money you and your partner have acquired during your time together. This includes dividing all assets and liabilities so that each person has their fair share.

When Should I Choose a Divorce?

So, when should you choose a divorce? If you are certain that you want to end the relationship, divorce is the most viable solution. It will give you the legal authority to part from your partner and carry on with your life.

Additionally, if you don’t receive any economic advantages from your marriage, like shared ownership of possessions, filing taxes together, or having the same health insurance, you should consider getting a divorce.

Also, if you are looking to enter into a new marriage, you must first obtain a divorce. You cannot legally remarry until you have gone through the legal process of divorce. This is a necessary step before you can move on and marry someone else.

Finally, if you desire to terminate your marriage legally and no longer be connected to your partner (considered next of kin), then you should pursue a divorce.

What’s Marriage Separation?

Separation is the act of two people who were previously married living apart without legally ending their marriage. They are still considered married in the eyes of the law, even though they are no longer living together.

Separation involves temporarily living apart from your partner to take a step back and evaluate the relationship. It can be used to identify issues in the relationship and decide whether or not the couple wants to stay together or go their separate ways. Separation can also be used as a means to resolve conflicts and try to save the marriage.

When Should I Choose Marriage Separation?

When should you pick marriage separation? If you’re unsure about whether you want to stay married or not, marriage separation may be a good choice. It gives you and your partner a chance to take a step back and figure out what is best for your relationship.

For some couples, divorce is not an option due to religious beliefs. In such cases, they may prefer to live apart without officially dissolving their marriage. Separating while still married could be a way to maintain their faith while living apart.

Also, if you and your partner are considering separating, one of the benefits to consider is the potential tax advantages. By filing taxes jointly while separated, you may be able to take advantage of deductions and credits that you would not be able to if you were officially divorced.


Remember that which one fits your situation best will entirely depend on various circumstances. Either way, marriage separation and divorce are never easy to deal with, so we always recommend reaching out to a lawyer to help you understand what both routes can give you and also help you understand your rights. In doing so, you stand a better chance of making the right decision and living a happier life.

Pathfinder Law offers a wide range of legal services, covering family law, construction law, employment law, and so much more. If you are looking for family law help in Abbotsford, contact us today.

Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.