Grounds for Divorce in Canada
Navigating the often tumultuous seas of divorce can be a daunting task. However, a firm understanding of the legal framework surrounding divorce in Canada can significantly ease this journey. The Divorce Act (R.S.C. 1985 (2nd Supp.), c. 3, s. 8(1)) stipulates the sole ground for obtaining a divorce: a breakdown of the marriage. This breakdown can be manifested and proven in three distinct ways:
Living Separate and Apart: In order to file for a divorce, the spouses must have lived separate and apart for at least one year immediately prior to the divorce proceeding. This concept is not limited to physical separation. It incorporates a comprehensive set of factors that reflect the intentions of the spouses towards their marriage. These factors include the absence of sexual relations, withdrawal from matrimonial obligations, changes in the performance of household tasks, and more. Interestingly, the Act also provides some leeway for reconciliation. It permits spouses to attempt to reconcile their relationship for up to 90 days without disrupting the requirement of living separate and apart for 1 year. This provision offers a chance for couples to mend their relationship without affecting their legal position, should they decide to proceed with the divorce.
Adultery: Adultery is another ground for divorce. If a spouse has committed adultery during the marriage, the other spouse can file for divorce. In the past, adultery was strictly defined as sexual intercourse outside the marriage. However, the law has evolved to reflect societal changes. Now, the definition includes "intimate sexual activities", broadening the scope to account for same-sex affairs as well. This ground could expedite the procedure for divorce, bypassing the 1-year separation requirement. However, it is crucial to remember that proving adultery in court can be a complex task. As such, it is rarely used as a ground for divorce.
Cruelty: Mental or physical cruelty is another ground that can lead to an immediate divorce. However, the cruelty must be far from trivial; it must be grave and weighty. To establish cruelty, one must demonstrate that a spouse has caused wanton, malicious suffering of pain on the other’s body or emotions. This requirement sets a high bar for proof, making it a rare ground used in practice.
In conclusion, understanding these grounds for divorce is crucial for anyone navigating the divorce process. It provides a clearer picture of the legal landscape, equipping individuals with the knowledge to make informed decisions. As always, seeking legal advice is highly recommended when dealing with such complex matters.
THIS BLOG IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT NECESSARILY REFLECT THE VIEWS OF LAILNA DHALIWAL LLP.
The Content is offered free of charge strictly on an "as is" basis and is intended to provide users with general information only. Lailna Dhaliwal LLP does not warrant or guarantee the accuracy, completeness or fitness of the Content for any particular purpose.
The material provided on the Lailna Dhaliwal LLP/JSDLAW PC website is not intended to provide legal advice or opinions of any kind, and does not constitute legal advice.
No one should act, or refrain from acting, based solely upon the materials provided on this website, without first seeking appropriate legal or other professional advice.
Sending or receiving of these materials does not create a lawyer-client relationship.
Do not provide any confidential information to Lailna Dhaliwal LLP unless and until we have given you a written retainer agreement confirming that we can represent you.