In order to get a divorce in Canada, the party or parties applying for a divorce order must demonstrate that the marriage has broken down in one of three ways. Understanding the common reasons for divorce can help in preparing your case. Several reasons for divorce are often cited in applications.
- The spouses have lived separate and apart for at least one year, highlighting one of the reasons for divorce.
- A spouse has committed adultery.
- A spouse has been physically or mentally cruel to the other, making continued cohabitation intolerable and leading to reasons for divorce.
Below is a snapshot of the “Important Facts Supporting the Claim for Divorce” section of Form 8A: Application for a Simple or Joint Divorce, found on the Ontario Court Forms website.
Understanding the Divorce Process in Canada
You do not need to wait for one year before applying for a divorce. However, you must have lived apart for at least one year before the divorce is granted. This is one of the reasons for divorce that needs to be understood clearly.
A spouse applying for a divorce on the grounds of cruelty or infidelity can apply at any time.
A court will only grant a divorce if satisfactory child support arrangements are in place for any children of the marriage. Recognizing the reasons for divorce is crucial in legal proceedings.
The Role of a Family Law Lawyer in Divorce Applications
A family law lawyer assisting with a divorce application must confirm—through their signature on the application—that they have discussed the possibility of reconciliation and marriage counselling with the divorcing spouse. This ensures that the parties understand the reasons for divorce and its implications.
Below is a snapshot of the “Lawyer’s Certificate” section of Form 8A: Application for a Simple or Joint Divorce.
As per the Lawyer’s Certificate, a family law lawyer must comply with Section 7.7 of the Divorce Act, which states:
Legal Adviser’s Duty to Discuss Reconciliation
Divorce Act – Section 7.7 (1): “Unless the circumstances of the case clearly indicate otherwise, it is the duty of every legal adviser representing a spouse in a divorce proceeding: (a) to inform the spouse about provisions in the Act related to spousal reconciliation; (b) to discuss the possibility of reconciliation and provide information about available marriage counselling or guidance services.”
Additionally, a divorce and family law lawyer must discuss ways to resolve issues such as child support and spousal support, which are common reasons for divorce disputes.
Divorce Act – Section 7.7 (2): “It is the duty of every legal adviser in a divorce proceeding: (a) to encourage the spouse to use a family dispute resolution process unless it is inappropriate; (b) to inform the spouse about family justice services that can help resolve issues related to child support and spousal support; (c) to explain the legal duties of both parties under the Divorce Act.”
Divorce Trends in Canada
According to the Vanier Institute of the Family, Canada’s divorce rate dropped to 5.6 per 1,000 marriages in 2020. However, fewer people are choosing to get legally married and staying in common-law relationships instead, which impacts overall divorce statistics. Various reasons for divorce, such as economic factors and changing social norms, contribute to these trends.
Need Legal Advice for Your Divorce?
If you are considering a divorce in Canada, it is essential to understand your legal rights and obligations. At Progressive Legal Solutions, our experienced family law lawyers can guide you through the divorce process, ensuring your rights and interests are protected. Whatever your reasons for seeking a divorce, we are here to help.
Contact us today to schedule a consultation and discuss your options for a smooth and legally sound divorce process.
Written By Erick McKinlay