Family law in Canada: The low-down on divorce

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, February 20, 2018.

There are some things about which a separating couple should be aware. Making the decision to divorce is rarely an easy one, but there are family law processes in place in Canada that may make an often bumpy road a little less so. Knowing the legalities of divorce is one way each person can make an emotional time less stressful.

Since 2011, five million Canadians have gone through a divorce or separation, so it is by no means uncommon these days. Knowing about the legalities of divorce may help the people experiencing it to be able to make rational decisions about their individual situations. Divorce in Canada comes under the Federal Divorce Act, although the procedures by which they laws are carried out can vary from province to province and territory. When spouses don’t agree on some aspect of the divorce, it is usually considered contested as opposed to uncontested. An uncontested proceeding is typically less costly and could be quicker since the courts don’t always have to be involved.

Only one person has to agree to the divorce, not both parties. If one person believes the marriage is irreparable and the two people have been living apart for at least one year, then one person can file for divorce even if the other doesn’t want it. There are three reasons or grounds for divorce in Canada: Separation, adultery and cruelty/abuse.

There are so many issues that can come into play in a divorce scenario. Getting advice from a family law lawyer in Canada may be eye-opening for many people going through a separation or divorce. It’s best to journey on the road armed with at least some legal knowledge, which is best provided by a lawyer.

Source:, “Divorce In Canada: 20 Things You Need To Know“, Terri Coles, Accessed on Feb. 12, 2018

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