Divorce

Engaging a lawyer is not necessary to separate or divorce. You can deal with the divorce proceedings on your own. It is advisable to have a experienced Family Law Lawyer by your side to protect your legal interests and responsibilities.

A Lawyer can also help in case any disputes arise in the parenting arrangements, division of property or custody issues. In case you need to go to court, a Family Lawyer can guide you with their independent legal advice.

For a couple who was legally married, divorce is the only legal way of ending the relationship. The only ground of divorce in Canada is breakdown of a marriage.

Under Family Law, the Federal Divorce Act governs divorces in Canada. Different Canadian provinces have their own documents requirements and processes for divorce.

The breakdown of a marriage can be established once:

• Spouses live separate and apart for at least one year before the divorce proceedings are determined
• Adultery
• Cruelty so as to render intolerable the continued cohabitation of the spouses

Abuse/Cruelty – Abuse occurs when one spouse has been cruel or abusive, either mentally or physically to the other.

Separation – Separation occurs when both spouses have lived apart and separately for a minimum of one year.

Contacting an experienced divorce lawyer is helpful as they can review your specific circumstances and ensure your legal rights are protected.

A spouse who applies for divorce has to meet various selection criteria including:

• The applicant should have been legally married in Canada or another country
• One or both spouses should have been resident in a Canadian province or territory for a minimum of one year before making the Divorce application
• One spouse must have separated permanently, from the other and has no intention of getting back together

Divorce Act is a federal law but the actual process of divorce is governed under provincial and territorial laws. The spouse applying for divorce needs to complete the requisite forms as specified under provincial or territorial laws and file them in court.

It is advisable that you and your spouse agree with the major issues of the divorce-regarding parenting arrangements, custody arrangements, division of property and related issues. If you are not able to reach mutual agreement, you can apply to the court to intervene and help you make these decisions.

If there are issues which are not settled amongst the spouses, it is known as a Contested Divorce. Spouses are not in agreement in a Contested Divorce. Divorce and its terms and conditions can be possible reasons for the disagreements. Some of the contentious issues may include support and the division of property.

There are many ways to settle an uncontested divorce like an out of court settlement, mediation or negotiation.

In comparison to an uncontested divorce, a contested divorce can be more time-consuming and expensive. It is also seen more frequently in cases where couples have children, multiple properties or have been married for a long time.

Court intervention and retaining of a divorce lawyer is highly recommended.

Under the Divorce Act, a couple who are seeking divorce need to deal with many issues including:

• The custody and access of the child including decisions relating to their education, upbringing and religion
• The division of all property and all other marital assets
• Support obligations including child support, entitlement and quantum
• Decisions relating to the possession of the matrimonial home

Yes. In a divorce proceeding before the court, in many cases as per their religion, a spouse may refuse to remove any barrier to remarriage of the other spouse.

The court has the power to dismiss the application of the refusing spouse Or to strike out any other pleading or affidavit filed by the spouse.

In all cases, where the power to remove the barrier lies with a religious body or leader, the Divorce Act will not apply.

Spouses are in agreement in an Uncontested Divorce. A written separation agreement exists to resolve the divorce issues and is signed by both the spouses. Both spouses jointly agree to end the relationship and seek a divorce. In most cases, Uncontested Divorces are quick and more cost-effective than Contested Divorces.