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You cannot force your spouse or partner to remain in the relationship because you do not want to separate from them. There is no such thing as being ‘legally separated’ in Canada.

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Separation happens when you are in a ‘couple’ relationship, like a marriage or common law relationship, and you and your spouse or partner decide that you are going to live ‘separate and apart.’ This means that you are no longer going to live together as a couple.

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It is always a good idea to speak with a family law lawyer to get advice about your rights and obligations when you separate from your spouse or partner, or if you are applying for a divorce, even if both you and your spouse or partner agree on all of the issues.

On this website, people who were in a common law relationship together are generally referred to as 'partners.' People who were in a marriage together are generally referred to as 'spouses.' If you never lived with the other person, and were not married to them, but you have children together, this section does not apply to you.

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