If you and your partner are considering ending your relationship, you might be asking: “Do we need to get a divorce right away?” or “What’s the difference between separation and divorce in Ontario?”

At MJ Law Services, we help individuals and families across Mississauga, Brampton, Etobicoke, and Toronto understand their legal rights and options — whether you’re married or in a common-law relationship.

This article breaks down the key legal distinctions between separation and divorce, so you can make informed decisions and protect your future.

Searching for:

• Family lawyers in Brampton or Mississauga
• Separation vs. divorce Ontario
• Do I need a lawyer to separate in Ontario?
• Divorce lawyer near me Brampton

You’re in the right place.

—

What Is a Legal Separation in Ontario?

In Ontario, separation means you and your partner are living apart with the intent to end the relationship. This can apply to both married and common-law couples.

Key points about separation:

• You don’t need to go to court or file paperwork to be considered separated
• You can still be considered separated even if you live under the same roof (as long as you live “separate lives”)
• A separation agreement can be created to settle property, parenting, support, and other matters

Separation is often the first step toward divorce, but not always. Some couples choose to remain legally separated long-term without formally divorcing.

—

What Is Divorce in Ontario?

Divorce is the legal termination of a marriage. It must be granted by a court and is only available to legally married couples.

To get a divorce in Ontario, you must show that:

• You’ve been separated for at least one year, OR
• There was adultery or cruelty (although these are rarely used due to the higher burden of proof)

Once granted, a divorce allows you to remarry. It does not automatically resolve issues like child support or property division, those must be handled separately or in parallel.

—

Key Differences Between Separation and Divorce

Factor	Separation	Divorce
Applies to common-law couples?	Yes	No
Court involvement required?	No	Yes
Can remarry afterward?	No	Yes
Ends the legal marriage?	No	Yes
Requires formal application?	No (but agreements recommended)	Yes (through court)
Can include support/custody/property terms?	Yes (via agreement)	Yes (via agreement or court order)

—

Do I Need a Separation Agreement?

While it’s not legally required, a written separation agreement is strongly recommended — especially if children, property, or finances are involved.

A separation agreement can include:

• Division of property and debts
• Child custody and parenting time
• Child and spousal support
• Who stays in the family home
• How shared expenses will be handled

At MJ Law, we help clients in Mississauga, Brampton, and Toronto draft fair, enforceable agreements that reflect your specific situation.

—

What If I’m in a Common-Law Relationship?

In Ontario, common-law couples do not need a divorce to end the relationship. However, you still have legal rights — particularly around:

• Child custody and access
• Child support
• Spousal support (if you’ve lived together for at least 3 years or have a child together)
• Property claims, depending on contribution

A separation agreement is just as important for common-law partners — especially if you’ve shared property, debt, or parenting responsibilities.

—

Why Talk to a Family Lawyer Early?

Separation and divorce can have long-lasting financial and emotional impacts. Talking to a lawyer early helps you:

✅ Understand your rights and obligations
✅ Create a roadmap for parenting and support
✅ Avoid court (when possible)
✅ Protect your property and financial future
✅ Stay in control of the process

Whether you need a separation agreement or are ready to start the divorce process, MJ Law Services is here to help.

—

Book a Free Consultation With a Family Lawyer

If you’re going through a separation or divorce in Brampton, Mississauga, or surrounding areas, you don’t have to navigate it alone.

📍 Offices serving Brampton, Mississauga, Toronto, and Etobicoke
🔗 Learn more: https://www.mjlaws.ca
📞 Call now: +1-647-660-9666

MJ Law – Enabling Transitions. Empowering Families.