Divorce 

In Canada, a divorce can be granted on one of three grounds: one year of separation, adultery or cruelty. The most common ground is one year of separation. Adultery and cruelty are technically available but are rarely used because they require proving specific legal criteria, which can be difficult, costly, and time-consuming.

Prior to obtaining a Divorce Order, the court will need to be satisfied of the following:

• • That there has been no collusion in seeking the divorce; and
  • That reasonable arrangements have been made for the support of any children of the marriage.

While not a statutory requirement, the court will also ensure that the divorce will not unfairly prejudice any other potential or unresolved family law claims.