Divorce Laws

Divorce Laws in Canada

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Looking to better understand the divorce laws in Canada?

Perhaps you are trying to figure out if the Canadian government dictates the applicable laws to a divorce or the provincial governments.

No matter the reason, this article is perfect for you.

In this article, we go over the divorce laws in Canada in detail. We will briefly discuss the divorce law history in Canada, look at the application of the Divorce Act, look at how the Provincial governments handle divorce laws, the Civil Code of Quebec, and finally we give you a list of all the family courts in Canada along with the family law government website for every Canadian Province and Territory.

This article is divided as follows:

  1. History of divorce law in Canada
  2. Divorce Act of 1968
  3. Divorce Act of 1986
  4. Divorce Act Amendment of 2020
  5. Divorce laws by Canadian Province
  6. Civil Code of Quebec
  7. Civil union dissolution for same sex couples
  8. Canadian provincial family courts
  9. Divorce laws takeaways

Let’s get started!!

1- History of divorce law in Canada

Prior to 1968, Canada did not have a uniform divorce law applicable across the entire nation.

Each Canadian province would independently handle the divorce in accordance with their own local laws.

Interestingly, in the province of Quebec, the Civil Code of Lower Canada stated that a marriage can only be dissolved by the natural death of one of the parties. 

For so long as the couple was alive, their marriage could not be dissolved.

2- Divorce Act of 1968

In 1968, the Canadian government finally adopted the Divorce Act, representing a federal law applicable across the entire Canadian nation.

Every province and territory was bound to respect the terms of the Divorce Act regulating and governing the separation of married couples.

Initially, the Divorce Act provided for several grounds:

  1. Acts of adultery committed by the other spouse
  2. Separation for over three years due to imprisonment, addiction, disappearance, refusal to consummate the marriage or living separate and apart
  3. Bigamy
  4. Physical and mental cruelty 
  5. Conviction of a sexual crime

3- Divorce Act of 1986

In 1986, the Canadian Parliament modified the Divorce Act as follows:

  • Eliminated bigamy as a ground for divorce
  • Reduced the separation to a period of 12 months and recognized that the demonstration of a spouse living separate and apart was sufficient as an acceptable ground for divorce 
  • A divorce application can be initiated by one spouse or jointly by both spouses

4- Divorce Act Amendment of 2020

On May 22, 2018, the Canadian government passed the Bill C-78 to strengthen the Canadian family justice system.

This Bill makes changes to several family laws particularly the Divorce Act.

Bill C-78 received Royal Assent on June 21, 2019 and will take effect as of July 1, 2020.

In general, the legislative changes tries to achieve the following objectives:

  1. Better promote and protect the interest of minor children
  2. Better handle and address family violence
  3. Try to reduce poverty and economic hardships
  4. Make the family justice system more accessible to Canadian

5- Divorce laws by Canadian Province

Although the Divorce Act is a federal law applicable to all Canadian provinces with respect to divorce, each Canadian Province will have further local laws apply to a divorce case.

Typically, each Provincial family court will have its own rules of court procedures applicable to a divorce case and how the divorce proceedings is governed from start to finish.

The below is a curated list of the different Canadian Provincial government websites where you can get more information with respect to their local rules:

6- Civil Code of Quebec

In the Province of Quebec, in addition to the Divorce Act, civil law principles of the Civil Code of Quebec will also apply to a divorce case.

The Superior Court of Quebec will balance the application of the civil laws of Quebec along with the federal Divorce Act.

For example, the Divorce Act requires that child support or spousal support be paid if there is a child involved or if a spouse will suffer economic disadvantages as a result of the breakdown of the marriage.

The calculation of the child support or spousal support will be handled by each Province.

In the Province of Quebec, the Quebec child support guidelines will dictate the precise amount of child support that will be required to pay.

The Quebec courts have also a set of rules applicable to determine how spousal support will be awarded and calculated.

7- Civil union dissolution for same sex couples

The Divorce Act is intended to dissolve the marriage of a man and a woman.

As a result, same-sex couples cannot not get married and are legally deprived of the protections afforded by the divorce laws such as the Divorce Act and other related legislation.

The Quebec Provincial government therefore introduced the concept of civil union in the Civil Code of Quebec.

The civil union is defined as follows:

A civil union is a commitment by two persons 18 years of age or over who express their free and enlightened consent to share a community of life and to uphold the rights and obligations that derive from that status.

A civil union may only be contracted between persons who are free from any previous bond of marriage or civil union and who in relation to each other are neither an ascendant or a descendant, nor a brother or a sister.

Therefore, it is a commitment of two persons of 18 years of age or over. 

The definition no longer specifies a man and a woman.

It says “two persons” of 18 years of age or over.

Therefore, this includes gay couples and individuals of same-sex looking to formalize their union.

The Civil Code of Quebec also governs the separation of civil union couples as well.

We refer to the dissolution of the civil union to refer to the legal consequences of the separation of same-sex couples.

8- Canadian provincial family courts

Every Canadian Province has a family court dealing with family related matters and the divorce laws.

Here is the list of the Canadian Provincial and territorial superior trial courts:

These family courts have jurisdiction to hear all family related cases such as custody disputes, child support matters, divorce, separation, division of assets and other.

9- Divorce laws takeaways

Canada is a federal nation having both federal laws and provincial laws governing the rights and obligations of married couples going through a divorce.

The divorce courts will apply the divorce laws in such a way to maintain harmony in interpretation and application across the country.

However, each provincial court will also have its own jurisdiction on specific matters relating to family law and divorce.

The divorce laws in Canada are intended to allow for a fair and equitable separation of the couples.

We hope you enjoyed this article on the Canadian divorce laws.