Divorce is the legal end to a valid marriage. In Canada, the Divorce Act, which is federal, and the Family Relations Act, which is provincial, govern divorce. The federal government has jurisdiction over marriage and divorce as well as matters incidental to divorce including child custody, child access, child support and spousal support. The provincial government shares jurisdiction with the federal government over custody, access, and support but has exclusivity over the dissolution of marital property.

Divorce is defined as a process in which one or both spouses seek a legal end to their marriage. A divorce will be granted if a couple can demonstrate the dissolution of their marriage in one of the following ways:

• Have lived apart (been separated) for one year or more, or
• One or both parties committed adultery, or
• There was mental and/or physical abuse

A divorce can be relatively straight forward if it is uncontested, but it can easily become a complicated and emotionally charged process when there are disagreements on division of assets, child custody, or support. It is in your best interest to consult a lawyer when beginning this process.

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