canadian divorce law

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.

The Story Behind the Dropping Canadian Divorce Rate

Torn photo of home symbolizes divorceThe number of Canadian couples who filed for divorce dropped by 8 percent between 2006 and 2011, with consistent declines each year. While this positive news is encouraging, there were still over 53,000 couples who initiated divorce proceedings from 2010 to 2011. Many people attribute the dropping divorce rate to fewer partners choosing to marry in the first place and the shift in the traditional definition of family. There are now more couples in Canada that don’t have children than do. Cohabitation and common law unions have also increased in recent years.

Top Reasons for Getting Divorced

There are many reasons couples end up divorced. Here are some of the most common.

  • Different Values and Interests

Some partners may not truly discover their values and interests are misaligned until after they are married, which can cause big problems in a relationship. A disagreement that might have seemed minor when dating may develop into a huge point of contention after the wedding. People also evolve over time, and priorities, likes and dislikes can change during the course of a marriage.

  • Disagreements Over Finances

Money is a contributing factor in many divorces. One partner may be a spender while the other is a saver. Having a very candid conversation about finances before tying the knot is highly recommended.

  • Getting Married Too Young

The age at which partners marry can have a definite impact on the success or failure of the longevity of their relationship. Many studies have concluded people who wed later in life are less likely to get divorced. This trend has been linked to many factors. These factors include having time to date more people, dating the person you marry longer, more opportunity to focus on building a career and more time to fully realize what’s important and necessary for a successful relationship.

  • Infidelity

Infidelity is the cause of many divorces. Some partners may ultimately discover it is too difficult to commit to only one person. Relationships can also dissolve to a point where couples drive each other to search for someone else.

  • Substance Abuse

Having a strong, long-lasting marriage can be difficult, even under the best circumstances. If one or both spouses are addicted to alcohol or drugs, divorce is a much more likely outcome.

  • Emotional or Physical Abuse

Relationships that involve emotional or physical abuse are unhealthy, to say the least. Ending your marriage if you are subject to these circumstances is often the best alternative.

 

The High Rate of Divorce in Quebec

The percentage of couples who file for divorce varies by province and territory. The national average is approximately 37 percent. Quebec’s rate is substantially higher with a divorce rate of 48 percent, according to Statistics Canada. The lowest rate of divorce is 21 percent in Labrador and Newfoundland.

 

How Much Does Getting Divorced Cost?

The cost for getting divorced can vary widely depending on whether it is uncontested or contested. When spouses are in agreement about the terms of the divorce, including distribution of assets and custody arrangements if there are children, the proceedings are uncontested. The process is faster and less expensive because it often does not have to be resolved in court, and there are no legal fees. In 2011, the average cost of an uncontested divorce in Canada was $1,353, according to a survey by Canada Lawyers. In contested divorces, the financial stakes are usually higher and more complicated. Lawyers are involved and there may be a lengthy trial. The price tag for a contested in divorce in Canada in 2011 ranged from $7,208 to $74,122, with an average of $12,875.

Going through a divorce can be a difficult experience. The good news is fewer Canadian couples are getting divorced. However, there are many details behind this statistic that better clarify the true situation.