Family Law Articles
DIVORCE
According to the federal Divorce Act, the only ground for divorce in Canada is a breakdown of the marriage. A marriage breakdown can be proven in three ways: separation, adultery and cruelty.
Separation is most often used to prove marriage breakdown. The parties must live separate and apart for at least one year. However, the parties do not necessarily have to live in different residences; often parties will continue to live in the same home pending a final resolution..
Parties seeking a divorce rarely claim that there has been a breakdown of the marriage based on adultery or cruelty, as it often leads to more contentious litigation. There is little benefit to making such claims, as adultery or cruelty rarely effect a party's right to a divorce, child custody, support or property division unless a parent's ability to provide care to a child is compromised.
DOMESTIC CONTRACTS/ SEPARATION AGREEMENTS
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