Divorce is an emotional and difficult process. If there is involvement of legal systems of different countries, it becomes even more complicated. In the case of Bajaj v. Bajaj (2024 ONSC 5358) it can be seen how the Canadian Court of Justice have dealt with the complexity of international divorce. It has set an example for managing cross-border matters related to family law.
Case Background: Cross-border Divorce
In Bajaj v. Bajaj the couple got married in New Delhi in 2000 and came to Canada in 2003. After 20 years together, they split up in 2020. They lived in Canada with their two kids, who are 18 and 13 years old. The husband looked out to settle the divorce, leaving other legal issues of child and spousal support to be settled later. The wife opposed this act of finalizing the divorce by the husband, even though she was the one who initiated the divorce. Her rationale for opposing the quick severance was her concern that it might negatively impact the ongoing legal case in India where she sought damages and protection related to domestic violence.
Ontario Court’s Decision
Despite objection of the respondent, i.e., the wife, the court ruled in the favour of the husband and proceeded with severing the divorce. In Canadian law, it is common to expedite a divorce if both parties have mutually agreed to it from the beginning. This is also applicable in the cases where other legal disputes are going on within foreign jurisdiction, as seen in Bajaj v. Bajaj case.
Court’s rationale behind the ruling
The court observed the respondent’s concern regarding the quick severance affecting legal proceedings in India. Due to this, the Ontario Court took expert testimony from an Advocate of the Supreme Court Of India. It was then clarified that the divorce in Canada would not interrupt the ongoing domestic violence case in India. Moreover, the court noticed that the applicant, i.e., the husband adhered to temporary decisions about child and spousal support which made the wife’s case opposition to divorce weaker. This allowed the Ontario Court to rule in the favour of husband and move forward with the divorce in Canada.
Why is Divorce Severance Common in Canadian Courts?
In Canadian family law, it is quite normal to separate divorce from other issues like child support and spousal support. Canadian Courts understand that holding these matters separately can speed up the divorce process, letting both parties end their marriage officially while other issues are still being worked out. Severance in Divorce proceedings give emotional and legal closure to the parties, helping them to move ahead in life. Therefore, it can be said that in Canada, courts seek to prevent unnecessary delay of divorce proceedings, especially when both parties agree that the marriage is over.
Canada’s Approach: Family Law on Uncontested Divorce
In Canada, the process for uncontested divorce is much simpler than contested divorce. This approach of the Canadian law allows individuals to move on with their lives, if they have mutually agreed on separation. In the case discussed above, the court felt that it was already a prolonged matter over three years, so, there was no reason to delay the divorce.
The duration of a divorce proceeding depends on the reason and severity of the case. Generally, In Canada divorce is categorised under two types – Contested and Uncontested divorce.
What is the difference between a Contested Divorce & Uncontested Divorce?
In uncontested divorce both the parties agree on major aspects like, child custody, property division and spousal support. On the other hand, a contested divorce involves much more complexity in it. A contested divorce often meets with disagreements between spouses over many areas, be it exclusive possession of matrimonial home, receiving alimony, debt division and parenting time.
There might be some cases where the couple may disagree to get divorced at all, however a judge will not mandate a couple to live together if one party wants a divorce. This is also known as a ‘no fault’ divorce, which is usually long to process, unless the other party agrees to end the marriage in the name of ‘good faith’. These types of divorces are granted based on fundamental incompatibility between spouses.
Moving on, the following key differences commonly arise between contested and uncontested divorce:
- There is a clear difference when it comes to ‘agreement’ in contested and uncontested divorce.
- Uncontested divorce gets over quickly as there are no disputes to settle, contested divorces take longer due to long court hearings and negotiations.
- Contested divorces are expensive in nature, as your legal bill will consist of lawyer’s fee, court fee and any extended procedure involved.
- The outcomes are also very different in both types of divorce. In an uncontested divorce the result is predictable because it is mutually agreed upon. Whereas, in contested divorce the outcome is uncertain as the final decision will be taken by court based on the evidence presented in front of them.
How can our Divorce lawyers help you?
This case reaffirms that Canadian courts are willing to grant divorces even when other legal matters remain unsettled. It also highlights the importance of experienced legal assistance in family law cases. Having achieved the top choice award for family law in Brampton from the past eight years, consecutively, shows that we remain devoted to our clients.
If you are also facing a similar situation then connect with our family lawyers at 905-405-0199 today!
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