Separation agreements and court orders resolve family matters when you separate but they do not legally end your marriage. The only way to do this is to get a divorce. Only a court can give you a divorce.
You can get a divorce by proving that your marriage is over. You can prove this by showing that you have been separated for a year OR that your husband or wife has had a sexual relationship with another person, OR that your husband or wife has been physically or mentally cruel to you.
If you cannot agree on the terms of your divorce, you can go to court and let the court decide. If you can agree, you can file your agreement in court. In that case, you probably will not have to see a judge. When your divorce is final, you can marry again.
FAQ
Q We’ve been living apart for five years and are happy with the way our separation agreement is working out. I would like to get a divorce now. Can I do the paperwork myself?
A Yes. However, it is a good idea to speak to a lawyer first to make sure that you understand all the consequences of getting a divorce. Your lawyer can advise you on support, tax, pension and other issues.
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* source: attorney-general of Ontario website
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Things to know about Family Law
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