In Canada, as determined by the Divorce Act of 1985, the separation occurs whenever cohabiting decide to live separately and never to return together.
For the purpose of separation, the common law does not distinguish between unmarried couples and married couples (the cd. Common-law relationship), and also a couple only "fact" (as we say in Italian) can be separated. Divorce, on the other hand, refers to married couples only, since there is a need to dissolve a marriage bond for a couple who has never married.
There are three different ways to separate into Canada:
- By separation agreement, ie an agreement signed by both spouses, or partners, in which they agree on the details relating to the custody of children, to their maintenance, visiting rights, the common property, etc.…