Divorce Law

Divorce is a growing epidemic in Canada and the United States. It affects both parties involved, being the spouses, and also has a profound affect on children of the marriage. Recently our government has been revising the old divorce act. It was apparent that it was time to revise the act because it did not properly protect the children from being caught in the middle of things.

Divorce is defined as follows: to dissolve legally a marriage between; separate (one of a married couple) from the other by divorce . The Canadian constitution allows only the federal government to set divorce law. The government of Canada has a divorce act, and because it is a federal law, it applies fully and equally in all parts of Canada and to all Canadian citizens.

Divorces begin with an application to the court asking it to declare that there has been a breakdown of the marriage. This application must include paragraphs which refer to where and when the marriage took place, who the children were, who should have custody and why, if there is to be support for one of the spouses paid for by the other, and what is to become of the family property. Certified copies of the marriage certificate and any birth certificates are attached. The claim for support is known as "Corollary relief" and may be for the spouses and/or the children (claims for custody also fall under corollary relief claims). When corollary relief is requested, a financial statement which sets out your families monthly expenses in detail is required.

The divorce act requires the court to verify weather there seems to be any chance of reconciliation between the parties. The court may even ask for a marriage councilor to attempt a reconciliation.

The divorce act demands the sole grounds for divorce as breakdown of marriage, and provides for three basic ways of proving it:

 You and your spouse have been separated for one year.

 Your spouse has committed adultery.

 Your spouse has treated you with intolerable mental or physical cruelty.

The most common grounds for divorce is certainly a one year separation for it is the easiest to prove. There is no such thing as a "legal separation" however while living apart you should be protected by a separation agreement. A separation agreement is a domestic agreement between a separated couple outlining the distribution of the property and other obligations to each other .