Divorce

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.

What You Should Know About Remarriage

Life can be strange and unpredictable. While many people dream of sharing forever with their one true love, sometimes marriages come to an end, either through divorce or death. Some are fortunate to find another love worth committing to through matrimony, especially much later in life. In many places, Canada included, stigmas surrounding remarriage are going away. If you’re lucky enough to marry a second time and want to celebrate with loved ones, here are some details worth your consideration.

Informing Your People

With a first wedding, couples are usually enthusiastic about making announcements to loved ones, either through word of mouth or sending save-the-date notices. How you let people know about your upcoming nuptials may be different the second time around. If you have children, especially from the previous union, you should let them know first. A new marriage can be a lot to process, regardless of your children’s ages. Be sure to let other friends and family members know also. You can choose to inform an ex-spouse, but be mindful of how that might impact that relationship as well as those of your children and mutual loved ones.

Inviting Who You Want

Speaking of ex-spouses, you should know that you’re free to invite anyone to your big day. As we get older, our relationships change. Some people fall out of our lives, and we form new bonds with new people. You don’t have to invite everyone who was at the first ceremony. No two couples will be the same, so your guest list should be what you and your partner decide.

Making It Your Own

A remarriage is entirely what you and your future spouse make of it. You absolutely can have the things you may or may not have had the first time around, such as a wedding shower, a bachelor/bachelorette party, a white gown and other customs. Solemnizing a union should be a joyous occasion, even if it’s not the first time. There’s wisdom in believing that how you start a thing can set the tone. If you and your partner want to go big, do so. It’s your wedding and you’ll fly if you want to!

Bringing the Kids

Including your children and your spouse’s children in the ceremony is important. It’s a great way to involve them and reinforce the idea that you still love them even if you’ve found someone new. Consider having the kids participate in the ceremony as part of the wedding processional or by doing something special like reading a poem or a passage from a religious text or favorite book. A child giving a toast to the newlyweds at the reception is also a nice touch.

Putting Together a Gift Registry

Couples who are marrying again are welcome to create a gift registry. Remember that gifts are a way for those near and dear to celebrate you and your love. If you go this route, consider items that are best suited for you and your future spouse’s life together. Don’t feel pressured to request things like flatware if you already have a great set. Consider including items at different price ranges so others can participate without undue financial burden. Be aware that some people may not buy presents, especially if they bought ones before.

Minding Your Venue

You and your partner may want to marry according to a particular religious tradition. Some sects may forbid second marriages. It’s important to confirm with the officiant as well as a church or faith institution that remarriage is allowed. Some faiths may require you to take additional steps before you can remarry.

Getting a second chance at marital bliss is something to be celebrated. No matter the reasons for the first union’s demise, you should feel free to have a second marriage according to your and your spouse’s preferences. Make your second big day everything you want it to be with those you cherish.

Reduce the Risk of Divorce

New marriages risk ending in divorce.

New marriages risk ending in divorce.

If you’re thinking about marriage, you’re probably already in love and spent a long time wondering if you can really spend the rest of your life with the person you care about. No one goes into a marriage thinking about a divorce, but the statistics show that about 48 percent of Canadian marriages won’t last. In comparison, the divorce rate in the United States is about 53 percent, while Belgium holds the highest rate of 71 percent. At 15 percent, Mexico has the lowest divorce rate, internationally. Instead of moving to Mexico to protect your marriage against divorce, learn more about the research behind what makes a marriage last.

It’s About Education

The Pew Research Center, a fact tank in the United States, recently found that having a bachelor’s degree significantly increased a woman’s chance of staying married for more than 20 years. Women with some college or only a high school degree had a probability of 49 percent or lower of maintaining their marriage, while those who completed their degree had a 78 percent chance of staying married for more than two decades. The couples who were part of the study had either separated or divorced. Death was not calculated in this research.

Similar findings were found with men. Two-thirds of the men who held a bachelor’s degree were found to be married after 20 years, while only about 50 percent of the men with a high school diploma held that distinction. Hispanic men had higher marriage longevity rates over white men and black men. It was Asian women who had the best chance of staying together with their partner.

This particular study does not examine why a college education makes divorce less likely. However, having a bachelor’s degree certainly makes a person more employable, which leads to financial security. When a couple isn’t financially stressed, their marriage has a better chance of making it through the long haul. Another benefit of having a degree is that the couple is probably older. Both have had a chance to create experiences outside of their family unit. This can give someone confidence when choosing their partner. Interestingly, this study does not address faith or religion in marriage.

More Siblings Could Be Another Indicator

Another study from 2013 links the number of siblings one has to a lower chance of getting divorced. It’s a small percentage, just two percent for each sister or brother one has. Although this is just one factor involved, some researchers aren’t convinced about this theory. Whether it’s scientifically proven or not, consider that someone who comes from a large family may be more family-oriented. In addition, they have developed social skills that are needed to live very close to someone as you might in a marriage.

Find an Educated Partner

Another interesting finding in the Pew Study was that cohabitation did not increase the chance of a marriage lasting. Men and women who did not live together before they got married were more likely to divorce or separate. However, being engaged while cohabiting did increase the odds of staying together, especially with men. Couples who do not live together before marriage may be predisposed against divorce, which could be reason for this. Unfortunately, the study did not address other factors in why couples stayed together.

It might seem cold and calculated to consider your partner’s education or background when considering marriage. Consider the expense of a divorce five or 10 years down the road. If you want your marriage to work, you need to give it the best odds. Go ahead and finish your college education before the wedding. It will put you and your future spouse on the right path to success in your partnership.