In Canada, divorce is governed by the federal Divorce Act.  Under the Divorce Act, a divorce may be granted on any one of the following three grounds for divorce:

  • separation for a period of one year;
  • adultery; or,
  • mental and/or physical cruelty.

While a one year period of separation is usually established on the word of the person applying for a divorce, the court will usually require a stricter standard of proof where the grounds for divorce are adultery or cruelty.

Where there are dependent children, the court will not grant a divorce unless it is satisfied that reasonable arrangements for the support of the children have been made. This requirement usually means that the parties will have to establish that child support is being paid in accordance with the Child Support Guidelines.

If you would like to have consultation to discuss any family law matter including applying for an divorce, please contact our office @ 604-689-3667 to book an appointment or complete our consultation questionnaire


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