Federal Law
Canada's Divorce Act
Federal Divorce Law Explained
The Divorce Act is federal legislation governing divorce in Canada. It sets out grounds for divorce, corollary relief provisions (support, parenting), and was significantly amended in 2021.
Canada requires couples to live 'separate and apart' for at least one year before a divorce is granted. However, you can file before the year is complete if it will be reached by the time of the hearing.
Grounds for Divorce in Canada
There are three grounds for divorce, but separation is by far the most common.
Separation for 1 Year
Living separate and apart for at least one year (most common)
~95% of divorces
Adultery
One spouse committed adultery
~3% of divorces
Cruelty
Physical or mental cruelty making cohabitation intolerable
~2% of divorces
Divorce Requirements
Filing Requirements
- At least one spouse lived in the province for 1 year before filing
- Valid marriage (domestic or foreign) recognized in Canada
- Grounds for divorce established (usually 1-year separation)
- Corollary relief (support, parenting) addressed if applicable
- Court filing fee paid (varies by province)
What "Separate and Apart" Means
- Intention to end the relationship
- Living separately (can be in same house in some cases)
- Separate finances and lives
- No sexual relationship
- 90-day reconciliation attempt doesn't restart clock
2021 Divorce Act Amendments
Major changes came into effect on March 1, 2021.
New terminology: parenting time, decision-making responsibility
Best interests of the child as the only consideration
Family violence must be considered in parenting orders
Duty to encourage relationship with both parents (unless unsafe)
Mandatory legal advice before relocation with children
New relocation notice requirements
Types of Divorce Proceedings
Joint/Uncontested
Both spouses agree on all issues
Timeline: 4-6 months
Typical Cost: $1,500-$5,000
Simple Contested
Some disagreements requiring negotiation
Timeline: 12-18 months
Typical Cost: $15,000-$30,000
Complex Contested
Significant disputes requiring trial
Timeline: 2-4 years
Typical Cost: $50,000+
Corollary Relief
Beyond ending the marriage, divorce proceedings can address these issues.
Navigate Your Divorce with Confidence
Comprehensive tools and guidance for Canadian divorce proceedings.