De facto separation
A de facto separation generally occurs when two spouses agree to cease living together, or when one of the spouses leaves the family home.
A separation agreement that leaves some details unresolved
Each spouse must be willing to comply with the terms of their agreement to separate. As a result, it is important to know that, even if you have been separated for several years:
- You remain married or in a civil partnership in the eyes of the law;
- You are still subject to the rights and obligations resulting from the marriage or civil union;
- One spouse may apply to the courts to obtain support from the other spouse if unable to meet his or her own needs;
- You remain solidarily liable for any debts you have incurred, either separately or with your spouse, for the benefit of the family;
- You have no legal way to enforce the agreement if your spouse fails to comply with it;
- You are bound by the agreement until your marriage or civil union is legally dissolved.