Your Guide to the Statutory Declaration of Separation of Legal Spouses or Common Law Partners

Are you considering separating from your spouse? Below you’ll find some important facts about separations in Canada. We’ll also be helping you understand exactly what a Statutory Declaration of Separation is, what it’s for and how it might apply to you.

What is a Statutory Declaration of Separation?

A Statutory Declaration of Separation is a document sworn before a commissioner of oaths that establishes when you and your spouse stopped living together. For married couples, a Statutory Declaration of Separation doesn’t end the marriage; a divorce is still required. 

If you’re ending your marriage, this document becomes especially important if you are using separation as grounds for your divorce. You and your spouse must be separated for a minimum of one year in order to file for a divorce for this reason. You can begin the application process for divorce the day you separate, but the courts will not grant you your divorce until the full year has passed.

Note, that there is no time limit for couples to be separated, and a divorce will not automatically occur after or because of a separation. You can remain indefinitely separated and only file for divorce when you or your partner wants to remarry. 

Choosing the Date of Separation for your Statutory Declaration of Separation

When choosing the date to fill in on your Statutory Declaration of Separation, it can be helpful to also have proof of the date you separated for courts in Ontario and across Canada. You can look at when you began:

• living separately or if you remained living in the same home, sleeping separately
• separating your money and finances
• doing things alone, such as having meals, going on vacations, or celebrating holidays apart

You can also look at documents like:

• emails, letters, texts, or other messages where you or your partner spoke about separating
• documents indicating that you’re not living as a couple, like an income tax return showing marital status as “Separated”

How can NotaryPro help? 

A Statutory Declaration of Separation is an important first step for couples who are choosing to part ways. At NotaryPro, we’re able to help you get your document commissioned quickly and easily online. You’ll be able to find the official ISP-3040 form on our website. When you’re ready to complete your document, book an appointment with us online or in-person for prompt, friendly service.