Breakdown of Marriage in Canada
In Canada, the only ground for divorce is the “breakdown of the marriage,” which is assessed based on three specific criteria according to divorce law in Canada. Divorce proceedings are considered “no fault,” meaning that the reasons behind the marriage breakdown do not affect the process itself.
To establish the breakdown of marriage, one of the following three conditions must be met:
1 – Living Separate and Apart for One Year
The couple must have lived separately for at least one year before filing for divorce and must continue to live apart at the time of the application. A brief reconciliation period of 90 days or less does not reset the separation period. If the couple separates again after such reconciliation, the original separation date is maintained. Whether a reconciliation qualifies as a break in separation is a factual issue that the court determines
2 – Adultery
Divorce may also be granted if one spouse has committed adultery. When adultery is cited, the third party involved does not need to be named. However, if the person is named, they must be served with the divorce papers and gain the legal rights of a respondent in the case.
3 – Cruelty
Divorce can be granted if one spouse has subjected the other to physical or mental cruelty, making continued cohabitation intolerable. However, as per divorce law in Canada, there are no fixed parameters for what constitutes cruelty, as it is dependent on the specific facts and circumstances of each case. What may be deemed cruel in one case may not be considered so in another.
Additional Considerations
Although questions may arise regarding compensation for suffering caused by adultery or cruelty, there is no automatic right to additional compensation in such cases. Each case is evaluated individually by the court. While citing adultery or cruelty may expedite the divorce process, it does not guarantee a larger settlement or any additional rights.
Seeking A Separation? We Can Help!
Separation from spouse can be a heartbreaking experience for many. However, with a divorce lawyer Toronto who understands the deep intricacies of your case, this troubling phase of life can be gracefully handled. Providing compassionate guidance and strong representation, we make dissolution of marriage easy to navigate through. If in need, feel free to get in touch for a quick consultation with a family lawyer Toronto and Mississauga.
