Marriage Breakdown – THE LAW SORTED

Marriage Breakdown. In our, THE LAW SORTED blogs we will be taking one client question and answering it down below.

Client Question: How do you obtain a Divorce in Canada? Also, if I was married abroad am I married in Canada?

Answer:

If you were married abroad and now are a citizen or permanent resident Canada will acknowledge your marriage. It does not matter where you were married, you are married! And the whole notion of “if you are married in Las Vegas you are only married in Las Vegas, well that is a lie!”

If you are seeking to obtain a Divorce in Canada, in accordance with the governing body of law the Divorce Act, a breakdown can only be established if Marriage Breakdown.

1. You and your spouse have lived sperate and apart for at least one year or;
2. The spouse against whom the divorce is being sought has since the celebration of your marriage committed adultery or;
3. The spouse against whom the divorce is being sought has since the celebration of your marriage treated you with physical or mental cruelty of such kind to render the cohabitation intolerable
4. Joint Applications

 

These are the four distinct grounds that may be initiated in order to proceed with a divorce in Canada.

What do they actually mean?

1. The One Year Separation Period

The one year separation period means exactly that. You and your ex-spouse must live separate and apart for a term of one year. Only after the period has come to an end can a divorce judgment be obtained.

Just to make certain things more clear, a separated couple may continue to reside under one roof however cannot continue with the relationship of a standard married couple. The moment one party claims this came into existence the one year period comes to an end and will have to restart.

A divorce petition can be filed on the following day of separation but no judgment will be given until the one year period is over. Whilst the divorce petition is filed a spouse may receive relief in various forms such as:

• Interim relief
• Corollary relief such as;
• Child/spousal support
• Custody
• Access

This form of interim relief is sought until the issue of divorce can be resolved in full by a trial in open court or settled by the parties. If you feel that you are in need of such help contact a reputable team such as the one at AYOUN LAW. They will gladly help you with providing you with more information.

2. Adultery

Adultery has been not been defined in the Divorce Act, but judicially has been defined as “voluntary sexual intercourse between a married person and another person of the opposite sex other than his or her spouse.” However, this definition has evolved over time to include people of the same sex.

If you or your ex-spouse have committed adultery a speedy divorce is available without having to run the one year period. The expedited process is only available to the “innocent party” and cannot be availed by the committer. The committer cannot petition for the divorce to be expedited because his or her own misconduct cased a ‘breakdown’ in the marriage.

The committing spouse has open to their discretion the “no-fault separation” criterion. Proving that from no fault of their own they committed the act and they may have or go on to prove otherwise.

3. Cruelty

Cruelty signifies an infliction of bodily harm or mental harm that causes suffering, misery, and pain. If you feel that you have been exposed to this (seek help) and also take note that:

Similarly to what is listed above the same applies to cruelty.

The innocent spouse may proceed to:

• Expedite the process

The committing spouse may proceed to:

• Invoke the no-fault separation criterion of marriage breakdown

 

4. Joint Applications

When parties opt for a joint application it basically means that they have jointly decided to see their way out of the marriage and it was at no one’s fault.

They may:

• Petition for a divorce
• File a Joint Application

However, if the couple has unresolved issues and the matter is contested this may not be an appropriate option.

Also, take note Joint Applications are not available when adultery or cruelty is being relied upon and an indication of the Marriage Breakdown. 

 

The team at AYOUN LAW is approachable and friendly and focuses on Family Matters if you feel that you are in need of some guidance feel free to contact AYOUN LAW  at 905-232-2793 and book a free 20-minute consultation. Marriage Breakdown.