Canada Divorce Law
Divorce Laws in Canada
Canada divorce laws have maintained the traditional fault based grounds for
divorce, which can include, but is not limited to, adultery, cruelty and separation
for one year. Under this concept, you must have a valid reason for a divorce
in Canada. However, a court order is not necessary in order to be considered
separated. Separation is based on the intent of the parties. For example, both
spouses may still reside in the same house but sleep in separate bedrooms.
Separation Agreement, Alimony & Property Division in Canada
Property division in Canada is typically based upon the provincial and territorial
divorce laws in Canada. However, the majority of times, property is divided
so that each spouse shall acquire a fair share of the marital estate, according
to divorce laws in Canada. Separate property, or property acquired prior to
the marriage, as well as all gifts and inheritances shall be retained by the
Spousal support, or alimony, is based upon “the condition, needs, means
and other circumstances of each spouse…for whom the support is sought…”
Such factors as the duration of the marriage as well as the prior living standard
of the couple shall be considered. Martial misconduct may not be a factor.
A Separation Agreement is a written contract designed to protect the assets
and rights of the spouses without a divorce. However, divorce will legally end
a marriage and allow the spouses to remarry, whereas a separation agreement
Canada Child Support, Child Visitation and Child Custody
The main focus in determining child custody is the best interest of the children,
according to divorce laws in Canada.
Canada divorce law provides for “custody of, or access to, any or all
children of the marriage to any one or more persons.” Additionally, split
custody or joint custody is considered to be in the best interest of the children.
Visitation rights are typically awarded to the non custodial parent.
Child support (a percentage of the non-custodial parents’ income paid
to assist with the support of his children) is governed and enforced by the
separate laws of each providence and territory. However, typically child maintenance
can include a lump sum or periodic payments for a definite or indefinite amount