Common-law separation happens when individuals who are not married end their relationship and part ways.
You do not need a Court Order or legal document before you are considered “separated”.
Past legal cases (referred to as “case law”) have determined you can live in the same residence but be separated.
For the Courts to accept you are separated even if you continue to live in the same residence, your circumstances must meet the conditions outlined in past case law. Issues of property division are dealt with by unjust enrichment claims and under the Law of Property Act. The point being you can separate property acquired during your common-law relationship.
Issues of partner support, child support and parenting arrangements can be dealt with under the Family Law Act.