Resuming Marital Relations during Separation Period

Under the Divorce Act spouses are required to live separate and apart for one year if they are using the ground of legal separation for the basis of their divorce.  However, it is not necessary that the spouses remain separated for the entire year uninterrupted.  The Divorce Act explicitly recognizes and allows for reconciliation efforts by the spouses for up to 90 days during this separation period.

What this means is that during the one year separation period you may resume your marital relationship for up to 90 days, whether continuous or several instances adding up to 90 days, and still be eligible for a divorce.  For example, if you were separated on January 1 and decided to resume marital relations for 89 days and then separated again in the same year, you would be eligible for a divorce as early as December 31.

This exception to the 1 year separation requirement for a divorce was included in the Divorce Act because it allows spouses to attempt to reconcile and fix their marriage without prolonging their divorce.

For more information on divorces and how we can assist you please contact our Toronto divorce lawyer now.

Helpful Resources:

Divorce and Separation
Family Justice Services
Child Custody and Access
Spousal Support
Child Support
Division or Equalization of Family Property
Treatment of a Matrimonial Home
Enforcement of Support Payments
Child Protection
Child Adoption

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