We understand that divorce is unpleasant. We are committed to providing compassionate representation while aiding in resolving all aspects of your divorce. Managing the details of your divorce can be difficult especially while dealing with accompanying emotional stresses. We will manage the details and provide guidance in making decisions that can have life-long consequences.
You need to apply to a court for a divorce.
As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:
- You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
- Your marriage has broken down.
- You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application.
Grounds for a Divorce
Canada has no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:
- You have been living apart for one year or more.
- Your spouse has been physically or mentally cruel to you.
- Your spouse has committed adultery.
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for divorce as if you had not spent the time together.
Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.
It is always a good idea to get legal advice before you apply. A lawyer can tell you about your rights and responsibilities and explain how the law applies to your situation. He or she can also explain what other documents you may need to give the court.
It will probably be best if you and your spouse can agree on major issues such as child support, decision-making responsibility and parenting arrangements, spousal support and property issues before you apply for a divorce. If you cannot agree, you can ask the court to decide. But if you do that, your divorce may take longer to complete. It will probably also be much more expensive and stressful for you and your family if the court has to make these decisions for you.
Exception to Residency Requirements
As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada’s Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:
- You married in Canada; and
- You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.
To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do.
A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.
Having a foreign divorce recognized in Canada
Canada generally recognizes a divorce from another country if:
- the divorce was valid under the laws of that country; and
- one or both spouses lived in that country for a full year immediately before applying for the divorce.
There may also be other factors that could affect whether or not your divorce would be recognized in Canada. If you are not sure whether your divorce would be recognized in Canada, you should speak to a lawyer.
Divorcing a spouse you sponsored to come to Canada
If you have sponsored someone to come to Canada as your spouse, the sponsorship undertaking that you signed remains in effect for three years after the person becomes a permanent resident, even if you separate or divorce during that period. You are responsible for the basic needs of your sponsored spouse throughout the duration of the sponsorship undertaking.