Divorce in Canada

Divorce is the legal procedure that ends a marriage in Canada. The process is governed by the federal Divorce Act, which applies across all provinces and territories. While the Divorce Act sets the legal requirements for obtaining a divorce, provincial and territorial laws generally address related family law issues, including the division of property and entitlement to spousal support and child support.

Eligibility to Apply
A spouse may apply for a divorce in Canada if:

• the parties are legally married; and
• either spouse has been ordinarily resident in a Canadian province or territory for at least one year immediately before starting the application.

Grounds for Divorce (No-Fault Framework)
Canada operates primarily under a no-fault divorce model. In most cases, a divorce is granted on the basis of “breakdown of the marriage,” without the need to establish misconduct. A marriage breakdown may be proven by:

• living separate and apart for at least one year; or
• adultery; or
• physical or mental cruelty (to the extent it makes continued cohabitation intolerable).