Canada family law: Don’t give courts a reason to refuse a divorce

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Monday, December 4, 2017.

There is nothing that says married couples who aren’t getting along or who have grown apart need to divorce.  But if a couple in Canada does make that decision, they would be wise to do everything they need to when it pertains to divorce under the family law umbrella, and not give the courts any reason to deny the request.  A couple can separate without getting a divorce — they simply have to live apart.

When a married couple separates and have been living in a matrimonial home, they both have a right to stay in the home or claim their share in it. If one partner moves out, it doesn’t mean he or she gives up the home. Even when the couple gets divorced and one partner wasn’t on title, he or she still has the right to claim his or her share in a matrimonial home.

A couple can divorce if they can show there is a breakdown in their marriage by having lived separately for at least a year; if one partner has been unfaithful; or if one partner has been physically or emotionally abusive to the other. Even if a couple can prove their marriage has broken down, the court still might not grant a divorce. The chief reason is that the couple did not make adequate arrangements for their children.

The issues surrounding divorce can be especially confusing. There are many legalities to understand when it comes to divorce and family law. A lawyer in Canada who is experienced in these issues would be able to guide his or her clients in the do’s and don’ts of the divorce process.

Source:, “Do I have to get a divorce?“, Accessed on Nov. 21, 2017

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