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Legal separation differs from more informal separation because a court must approve and order legal separation.

But Jenny, 50, a medical sales executive, and her husband, bank worker Phil, 55, from Rochester, Kent, made their split ­permanent: they divorced earlier this year, without a shred of acrimony, after 28 years of marriage.Benefits of Legal Separation Legal separation appeals to couples who do not wish to divorce, but who will live separately and want matters such as child support, child custody and property division clarified legally.Legal separation typically applies to couples who foresee permanent separation, rather than a temporary trial separation.A common law relationship is when two people live together in a marriage-like relationship.The two people can be of the same sex or of the opposite sex. It depends on whether the issue is federal or provincial, and in what province you live.Under New Brunswick family law, you must live together continuously in a family relationship for 3 years and one person must be substantially dependant on the other for support, or, where the couple lives together for one year and has a child together.In Nova Scotia, you must live together for two years.Property rights between the two parties are divvied up, as are child custody, child support and spousal support right and obligations.While couples can simply agree to such matters without court involvement, obtaining a court approved legal separation simplifies enforcement of these rights should disputes arise.Federal issues include items such as federal government pensions and division of the Canada Pension Plan upon separation.Property division is determined by provincial law and each province has its own definition of what a common law spouse is.