Family law: Some untruths about divorce in Canada

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

Knowing fact from fiction when it comes to separating as a married couple may save a lot of money, stress and  anxiety. A marriage breakdown is already rife with strong emotions. Family law governs divorce in Canada, although many separating couples aren’t sure of what’s the truth and what’s fabrication when it comes to the rules. There are some myths about divorce about which those considering ending their marriages should know.

The courts don’t take sides automatically. In other words, even if a spouse is guilty of adultery, it doesn’t mean a judge will side with anyone. Besides, Canada is a no-fault divorce country, meaning that what actually happened in a marriage that led to its erosion has no merit when it comes to the division of assets.

A divorce decree doesn’t need the nod of both spouses. If the couple has lived apart for at least one year, that alone is grounds for divorce. If one partner is against the divorce, it doesn’t usually have a bearing on the granting of the divorce as long as the proper process is followed. Only one spouse needs to file an application with the court.

There are many misconceptions surrounding divorce. An experienced family law lawyer may be able to clear up fact from fiction for his or her client. Divorce is stressful enough as it is without having to sort through what the law actually says about it and what people simply believe is the truth. A compassionate lawyer will provide the right advice to guide his or her client through the process.

Source:, “6 myths about getting a divorce in Canada“, Jaclyn Law, Accessed on March 3, 2018

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