If you have children, you are not permitted to leave the home with the children without the consent of the other parent or a Court Order.
However, if you leave without the children you may be prejudicing your rights to custody of the children.
If you and your spouse decide to separate, there is no need to start divorce proceedings right away.
A legal separation gives you the space you need to solve marital problems, come to terms with your emotions and start over, either in your marriage or alone.
How you behave during a legal separation will determine how successful you are in whatever your motives for separating.
For couples without children, sorting out finances and establishing a fair division of assets with a minimum of rancour and unhappiness is key.
Although the Divorce Act provides for both fault-based and no-fault divorces, almost all couples who eventually proceed with a divorce these days use the no-fault "one-year separation" as the basis of establishing a permanent marriage breakdown.
Below is a list of behaviors that will either work in your favor or work against you: 1.