Canadians And Divorce

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Canadians And Divorce

Most people getting married don’t think about a divorce. When you tie the knot with someone, the plan usually involves forever, or at least until death, as per exchanged vows. Although you’ve committed to sharing life, love, last names and more, things happen and you might find yourself contemplating a split. Marriage has legal implications and requirements in the Great White North. It should be no surprise that divorce does also. Here’s what Canadians like you should know about saying, “I don’t.”

Applying for a Divorce

First, Canadians must apply for divorce, making sure that these requirements are met:

  • You and your spouse were married in accordance with Canadian law, or under the laws of another nation with your union legally recognized in Canada.
  • Your marriage has broken down due to either adultery, living apart for at least one year or cruelty from your spouse, physical or mental.
  • At least you or your spouse has lived in the province where you’re filing for at least one year. 

To file for divorce, both of you must be residents of Canada.

Breaking It Down

When it comes to ending your union, Canada has no-fault divorce. Your marriage must have broken down for any of the reasons listed above, as per the Divorce Act. If the year-long separation is your grounds for splitting up, the law allows a couple to live together for 90 days in an attempt to reconcile. This 90-day period may start before or after you submit an application. If things don’t work out, you can continue with the divorce process. If you and your partner decide to live in the same house while separated, you’ll need to consult an attorney to make sure the separation period is properly documented according to your province of residence.

Getting Started

Although the rules for divorce applications are federal, each province or territory has a specific process. You’ll need to make sure that you complete the correct forms, so it is strongly recommended that you seek legal counsel, if possible. It’s also advisable that you and your partner settle certain issues beforehand, such as custody, child support, spousal support and division of assets. Leaving these issues to the court will likely extend the time and costs of divorce. Some provinces and territories may offer mediation and other services to assist the two of you in making decisions. Consider taking advantage of family justice services, especially if you cannot afford an attorney.

Making A Divorce Official

Generally, your split becomes official 31 days after the judge grants it. You or your ex can request a certificate from the court that processed it. This certificate confirms the dissolution of your marriage and the date. If you’re not sure which court processed your case, you can contact the Central Registry of Divorce Proceedings, which may be able to provide the court information as well as a reference number to help locate the details. It will be helpful to have the date of your marriage and the full names and birthdates for you and your ex-spouse. 

Considering Residency Exemptions

Generally, you cannot file for a divorce if neither of you lives in Canada; however, you may be able to end your union as per the Civil Marriage Act if both of the following are true:

  • You tied the knot in Canada.
  • Your marriage can’t be undone because your country of residence doesn’t recognize Canadian unions.

In this case, you should still seek legal advice, as there may be province-specific rules to consider. This process ends your marriage, but it doesn’t address any issues regarding children or assets.

A famous singer once sang that “breaking up is hard to do.” Canadian couples should know that there are rules to follow for divorce, just as there were for marriage. It’s important to understand what’s required to make a clean and lawful break, especially if remarriage is in your future.

Canadians And Divorce

Most people getting married don’t think about a divorce. When you tie the knot with someone, the plan usually involves forever, or at least until death, as per exchanged vows. Although you’ve committed to sharing life, love, last names and more, things happen and you might find yourself contemplating a split. Marriage has legal implications and requirements in the Great White North. It should be no surprise that divorce does also. Here’s what Canadians like you should know about saying, “I don’t.”

Applying for a Divorce

First, Canadians must apply for divorce, making sure that these requirements are met:

  • You and your spouse were married in accordance with Canadian law, or under the laws of another nation with your union legally recognized in Canada.
  • Your marriage has broken down due to either adultery, living apart for at least one year or cruelty from your spouse, physical or mental.
  • At least you or your spouse has lived in the province where you’re filing for at least one year. 

To file for divorce, both of you must be residents of Canada.

Breaking It Down

When it comes to ending your union, Canada has no-fault divorce. Your marriage must have broken down for any of the reasons listed above, as per the Divorce Act. If the year-long separation is your grounds for splitting up, the law allows a couple to live together for 90 days in an attempt to reconcile. This 90-day period may start before or after you submit an application. If things don’t work out, you can continue with the divorce process. If you and your partner decide to live in the same house while separated, you’ll need to consult an attorney to make sure the separation period is properly documented according to your province of residence.

Getting Started

Although the rules for divorce applications are federal, each province or territory has a specific process. You’ll need to make sure that you complete the correct forms, so it is strongly recommended that you seek legal counsel, if possible. It’s also advisable that you and your partner settle certain issues beforehand, such as custody, child support, spousal support and division of assets. Leaving these issues to the court will likely extend the time and costs of divorce. Some provinces and territories may offer mediation and other services to assist the two of you in making decisions. Consider taking advantage of family justice services, especially if you cannot afford an attorney.

Making A Divorce Official

Generally, your split becomes official 31 days after the judge grants it. You or your ex can request a certificate from the court that processed it. This certificate confirms the dissolution of your marriage and the date. If you’re not sure which court processed your case, you can contact the Central Registry of Divorce Proceedings, which may be able to provide the court information as well as a reference number to help locate the details. It will be helpful to have the date of your marriage and the full names and birthdates for you and your ex-spouse. 

Considering Residency Exemptions

Generally, you cannot file for a divorce if neither of you lives in Canada; however, you may be able to end your union as per the Civil Marriage Act if both of the following are true:

  • You tied the knot in Canada.
  • Your marriage can’t be undone because your country of residence doesn’t recognize Canadian unions.

In this case, you should still seek legal advice, as there may be province-specific rules to consider. This process ends your marriage, but it doesn’t address any issues regarding children or assets.

A famous singer once sang that “breaking up is hard to do.” Canadian couples should know that there are rules to follow for divorce, just as there were for marriage. It’s important to understand what’s required to make a clean and lawful break, especially if remarriage is in your future.

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