Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.Legal separation does not automatically lead to divorce.
Spouses may also request an a mensa et thoro separation to protect themselves from accusations of desertion or abandonment—such as in cases where one must depart from the other for an extended period of time.For example, there is no such thing as legal separation in Canada, but the term ‘legal separation’ has gained widespread use to describe the contract that is created between two spouses at the time of their separation.The contract is referred to as a separation agreement and is a legally binding written agreement voluntarily signed by two spouses (either married or common law) who have separated.In Ontario, a separation agreement is unenforceable unless made in writing, signed by the parties and witnessed.This written agreement usually resolves all issues arising from the separation, including custody and access, child support, spousal support and the division of property.