Divorce Law in Canada

Published Time: 4/12/2022

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Divorce Law in Canada

Divorce may be unpleasant. But it is equally unpleasant to continue living in insecurity and without comfort. so let’s talk about divorce law in Canada.

Divorce laws are the same throughout Canada. You do not have to be a Canadian citizen to apply for a divorce, but there are certain basis that you must meet. The Divorce Act is the federal law that deals with divorce matters in Canada.  If you are not legally married, divorce law does not apply to you.

If you want a Canada court to officially end your marriage, you can apply for a divorce. but if you meet these 3 competency basis :

·       being legally married in Canada or in any other country

·        intending to separate permanently from your spouse or have left your spouse already

·       one or both of you and your spouse should’ve lived in Canada at least for 12 months preceding your application

Acceptable Reasons for Getting a Divorce

First of all , you must show that your marriage has broken down To get a divorce. The law says a marriage is broken if at least one of the below reasons happens :

·       You and your spouse have lived apart for one year and consider your marriage over.

·       Your spouse has committed adultery and you have not forgiven your spouse.

·       Your spouse has been physically or mentally cruel to you such that living together is insufferable.

If the reason for getting a divorce be adultery or physical or mental cruelty , you will have to prove what happened.

Divorce process

To begin the divorce process, you must:

·       Fill out a divorce application.

·       Submit the application at a Canada courthouse.

·       Pay the required court fees.

·       Follow any court rules and procedures given.

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Matthew Fadi Kazandji

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