For many spouses, the prospect of a divorce is an unwelcome reality. Some refuse to accept that their relationship is over, while others view it as an affront to their religious beliefs. In such cases, it may be difficult to get that spouse’s consent to a divorce. However, under Canadian law, you do not need your spouse’s consent to get a divorce (although it usually makes it a lot simpler). There are also very few ways your spouse can block you getting a divorce.
For much of Canada’s history, there was no codified law of divorce. If a spouse wanted to get divorced, they would have to petition Parliament, who could grant a divorce by passing a special piece of legislation. In 1968, Canada introduced the Divorce Act, a uniform scheme for divorce across the country that continues to govern today.
Under section 8(2) of the Divorce Act, there are three grounds for divorce:
- Living separate and apart for at least one year
While any one of these grounds will entitle a spouse to a divorce, living separate and apart is for one year is the most common. Once one of these events has occurred, either spouse may apply for a divorce.
Click here to see ways your ex can try to block your divorce if he/she does not want it http://divorceangels.ca/faq/could-a-judge-ever-refuse-my-divorce/
John P. Schuman
Derry Smith Frank LLP
John is a Certified Specialist in Family Law. To learn more about John please click http://divorceangels.ca/vendor/john-p-schuman/?r=7699