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No Fault Divorce In Canada


To obtain no fault divorce in Canada, it is not necessary for the applicants to be a citizen of Canada. Divorce plaintiff must be residing for a minimum of one year before applying for no fault divorce on the land of Canada. The marriage between the divorcing spouses must be legally sanctified even if it is performed in any other nation.

Canada no-fault divorce laws

In order to get divorce in Canada, it is not necessary for the spouses to prove that their partner has done any culpable crime or has committed any wrongdoing. This is the basic premise in no-fault divorce law. No-fault divorce laws were passed in Canada and USA at similar times. Earlier, the only ground for divorcing the spouse was the “fault” ground. The following actions were considered as “faults” in the eyes of the court and the spouse could get divorce:
  • Desertion,
  • Brutality,
  • Physical/emotional cruelty,
  • Adultery
Later no-fault grounds for divorce was passed as a law in Canadian family court which allows spouses to divorce each other on the ground of “irreconcilable differences” or “incompatibility” or when the judges perceive that the marriage has “irretrievably broken down”. However, Canada no-fault divorce laws specify that the spouses must willfully live a year separate from each other to get a divorce on No-faults grounds. Thus, the one year separation is an important factor while awarding divorce on no-fault grounds.

No-fault divorces and Canada

After the “divorce boom” enveloped the first decade as soon as the no-fault divorce laws were passed in Canada, it was found that tee no-fault divorce laws had indeed boosted the divorce rate to a ceiling high! 1993, there were more than 78,000 divorce s in the country of Canada. Compare it with 11,000 in 1968! Moreover, in 1968, children when they reached the age of 11 years saw their parents divorcing. This age of children has now reached an abysmal four years when their parents are already not together and are divorcing! Thus, in the long run, it is increasingly being seen that no fault divorces in Canada are also facing the same music and heat that their USA counterparts are experiencing. Two things are clear in such no-fault divorce grounds: children are the worst sufferers as they have a broken family and the women are financial losers, with an additional burden of raising the child also.


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