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A year of separation is an essential requirement for granting the final divorce order in the case of a no-fault divorce.

In the case of a fault-based divorce, such a requirement of one year of living separately can be waived. This can be pursued in two cases:

• Adultery: If one of the spouses has committed adultery or is found to be in a relationship with someone else, the other spouse is free to approach the court requesting a divorce without the separation period. However, the claim of adultery must be backed with evidence in court.
• Cruelty: Cruelty from a spouse will be grounds for divorce regardless of the separation period. Cruelty can be physical, mental, or emotional in nature, but it is important that you prove this claim in court.

In Canada, child custody decisions are largely based on the best interests of the child. This remains a guiding principle to take custody decisions in family courts. Several factors are considered, like the emotional bond between the child and each parent, each parent’s caregiving history, and the child’s established living pattern (school, home, community). The age of the child is also a factor in determining custody. In an important decision like this, the goal is always to secure a stable and supportive environment for the child without disrupting their life and welfare.

Child support is a binding consideration in Canada when parents divorce. The Federal Child Support Guidelines also provide a framework that helps to calculate the amount a non-custodial parent must contribute. Factors like the income of the parent required to pay support, the number of children, and the province or territory where the parent lives are all considered. Child support payments generally continue until the child reaches the age of majority (18 years), though they may extend beyond that if the child has disabilities or is pursuing post-secondary education and remains dependent.

Prenuptial agreements can drastically influence divorce proceedings. Matters of asset division and spousal support become the most pivotal in these cases. Prenuptial agreements have to be well-drafted and executed with full financial disclosure; only then can they be legally enforceable. If the evidence suggests that the agreement was made with duress or undue pressure, then it will be invalidated by the court. This is why our family lawyers recommend that both parties have independent legal advice. This will help to establish an agreement that is fair in terms, eliminating any space for confusion and errors.

Upon divorce in Canada, property division is generally based on an equal sharing of marital property, though the court will make the final decision based on the particular circumstances of each case. ‘Marital property’ includes assets acquired during the marriage and the value increase of the property each spouse brought into the marriage, excluding inheritances and personal gifts. For example, if a certain spouse gave up their career to take care of the marital home and children, then their part in the marriage is equally important as the other earning spouse.

Spousal support is intended to balance economic disparities between spouses arising from the marriage or its breakdown. The determination of spousal support involves various factors, including the duration of the marriage, the roles of each spouse during the marriage, and the financial impact of those roles post-divorce. Spousal support can be temporary or permanent, and its amount and duration can vary widely depending on the specific circumstances of the marriage and following divorce.

Hiding assets in a divorce is illegal in Canada. If caught, the court can penalize the guilty party, possibly giving the other spouse a larger share of the remaining assets. The court might even reopen the case to adjust property division or support arrangements if necessary.

The divorce process in Canada begins by filing a divorce application at the provincial or territorial court. The application can be a sole application by one spouse or a joint application by both. Issues such as child custody, child and spousal support, and property division need to be addressed in the application or settled before finalizing the divorce. Once these matters are agreed upon and the required separation period has elapsed, the court can grant a divorce decree.

Section 7 expenses are extra costs in child support that go beyond basic needs. These expenses include things like extracurricular activities, medical and dental care not covered by insurance, and educational costs such as tutoring or post-secondary education. These expenses are typically shared between both parents in proportion to their incomes, ensuring that the child’s special needs and opportunities are adequately funded.

Common-law partners in Canada do not automatically share the same rights as married couples, particularly concerning property division. While they may have similar rights to spousal support and child custody, property rights upon separation are typically based on contribution rather than an equal division. The specific rights and entitlements of common-law partners can vary greatly between different provinces and territories.