De facto separation

A de facto separation generally occurs when two spouses agree to cease living together, or when one of the spouses leaves the family home.

Each spouse must be willing to comply with the terms of their agreement to separate. As a result, it is important to know that, even if you have been separated for several years: 

• You remain married or in a civil partnership in the eyes of the law;
• You are still subject to the rights and obligations resulting from the marriage or civil union;
• One spouse may apply to the courts to obtain support from the other spouse if unable to meet his or her own needs;
• You remain solidarily liable for any debts you have incurred, either separately or with your spouse, for the benefit of the family;
• You have no legal way to enforce the agreement if your spouse fails to comply with it;
• You are bound by the agreement until your marriage or civil union is legally dissolved.

The de facto separation ends when: 

• the spouses voluntarily start to live together again;
• their divorce is granted.