There are three grounds for obtaining a divorce in Canada: a separation of one year, physical or mental cruelty, and adultery. The most common ground used to obtain a divorce is a one year separation.

Parties may use this time as an opportunity to negotiate a separation agreement. A separation agreement is a legally binding contract intended to resolve any and all aspects of separation. This may include child custody and access, division of property, child and spousal support, and division of property.

A separation agreement can be prepared based on a successful mediation, or through lawyers’ negotiation.