If we separate, do we legally have to get a divorce?

No. There is no law that forces separated couples to get a divorce. However, you will not be able to remarry someone else until you get a divorce. Staying married also impacts your rights and obligations concerning financial matters and any Wills & Estates-related documents that are in place.

If you are planning on separating without getting an official divorce you should immediately seek legal advice to get an understanding of your rights and obligations moving forward.