Granting divorce

A court can grant a divorce to one or both spouses if their marriage has irreparably broken down.

A breakdown of a marriage can be established if:

• the spouses have lived separately for at least one year prior to the divorce proceeding, or

• if one spouse has committed adultery or treated the other spouse with physical or mental cruelty that makes living together intolerable.

Determining time of separation

When determining the period of separation, the court considers any time during which the spouses lived apart with the intention of being separated. A period of separation is not considered interrupted or terminated if one spouse becomes incapable of forming the intention to live apart or if the spouses temporarily reconcile for up to 90 days.

No reconciliation possible

Before proceeding with a divorce case, the court must ensure that reconciliation between the spouses is not possible unless there are clear circumstances where reconciliation is not appropriate.

If there is a possibility of reconciliation based on the nature of the case, evidence, or the attitude of the spouses, the court must adjourn the proceeding to give them a chance to reconcile.

The court may appoint a qualified person, such as a marriage counsellor, to assist in the reconciliation process.

• If fourteen days have passed since the adjournment, either spouse can request the court to resume the divorce proceeding.

Canada Divorce Act s. 8, 10