Canada Divorce Act
Understand the federal law governing divorce across all Canadian provinces and territories. Updated 2021 with child-focused provisions.
Grounds for Divorce in Canada
The Divorce Act recognizes three grounds - separation is by far the most common
One Year Separation
Most CommonLived separate and apart for at least 12 months (can be under same roof if separate lives)
Adultery
Your spouse had a sexual relationship with someone else
Physical or Mental Cruelty
Cruelty that makes living together intolerable
Divorce Process Timeline
From separation to Certificate of Divorce - what to expect
Separation
Begin living separate and apart. The 12-month clock starts. You don't need a separation agreement, but it's recommended.
File Divorce Application
After 12 months separated, file Application for Divorce in provincial/territorial court with jurisdiction.
Serve Your Spouse
Serve divorce documents on your spouse. They have 30 days to file an Answer (60 days if outside Canada).
Wait Period
If uncontested, wait for processing. If contested, may need court appearances for property/parenting issues.
Divorce Order Granted
Judge grants Divorce Order. It takes effect 31 days later (appeal period).
Certificate of Divorce
After 31 days, you receive Certificate of Divorce. You are now legally divorced and can remarry.
2021 Divorce Act Amendments
Major changes focused on child welfare and family violence
Best Interests of the Child Test
Replaced "custody" and "access" with "parenting time" and "decision-making responsibility". Focus on child's best interests with detailed criteria.
Family Violence Provisions
Expanded definition of family violence including psychological, financial, and coercive control. Courts must consider impact on children.
Relocation Rules
Clear rules for when a parent wants to move with children. Notice requirements and best interests test for significant relocations.
Enforcement Mechanisms
Stronger enforcement of parenting orders and child support. Courts can deny passport renewal for non-payment.
Frequently Asked Questions
Navigate Your Divorce with Confidence
Splitifi guides you through every stage of the Divorce Act process with timelines, checklists, and court-ready documentation.