Editing Legal separation (section)

===Canada===
{{More citations needed|section|date=November 2024}}
In most provinces of Canada, the terms "legal separation" or "judicial separation" are often used informally to describe a situation of [[marital separation|separation]] where the couple has formalized certain agreements or entered into a contract. However, this situation is different from the specific legal ''status'' of legal/judicial separation that exists in some other jurisdictions and requires filing the courts for. As such, ''{{Lang|la|a mensa et thoro}}'' separation does not exist in most provinces of Canada, but the term "legal separation" has gained widespread use to describe a contract that is created between two spouses at the time of their separation. This contract is more properly referred to as a separation agreement, a legally binding written agreement voluntarily signed by two spouses (either married or common law) who have separated. 

However, the province of Saskatchewan does allow a legal separation under provincial law, which is distinct from a divorce under federal law.  A legal separation in Saskatchewan can be granted by the Court of King's Bench.<ref>{{Cite canlaw|short title  =The King's Bench Act|abbr =SS|year =2022|chapter =28|section =|subsection =|part =14:  Particular Family Law Proceedings.|link =https://www.canlii.org/en/sk/laws/astat/ss-2023-c-28/latest/ss-2023-c-28.html}}</ref><ref>J.T. Irvine, "''The Queen’s Bench Act, 1998'':  Old Wine in New Bottles", (2003) 66 Saskatchewan Law Review 63, at pp. 121–124.</ref>

In Ontario, a separation agreement is unenforceable unless it is 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, except only a court can grant a divorce itself.