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Divorce has become commonplace in today's Western society. Yet while many towns deal with it on a daily basis, some of the countries that people live in have very different legislation on divorce than others. Canadian divorce laws do remain slightly different to those in the UK, some parts of Europe and the US, and we are going to explore these differences, starting with the history of how the laws have changed. Canadian Divorce Laws Throughout the 20th CenturyThe laws on divorce in Canada have not always stood as they do today. Several changes of the laws, namely in 1925, 1968 and 1985 have brought Canadian divorce from a completely illegal process, to one that can be sought after just one year of separation. Before 1925 divorce was completely illegal in some regions of Canada. In others, you could have a statutory divorce but only if you could afford to pay the parliament for it. In 1925 the federal government took over the jurisdiction and ruled that divorce could only be attained if adultery could be proven. This law carried on for 43 years until 1968 when the federal government changed it again. This time, divorce could also be sought under the general term of 'marriage break down' and also cruelty or adultery. Some would say, however, that there was a considerable catch in this law, which stated that the couple must be separated for at least three years. At the time this was actually a huge improvement on the laws prior to 1968, where in many cases couples simply had to separate but still stay legally married. Some would leave their children with their spouse and simply disappear, rather than try to pay for a divorce or get one on false grounds of adultery. The divorce act of 1985 subsequently ruled that 'marriage breakdown' was still a legitimate reason for divorce, but the three year separation could now be reduced to just one. A divorce could also be granted if just one person in the couple requested one. With this new law, divorce rates shot up in just two years, to almost one million. Current Canadian Divorce LawsThe laws passed in the divorce act of 1985 still stand today, and 'breakdown of marriage' is the only situation that can warrant a legal divorce. The divorce act itself, in section eight (two) defines breakdown of marriage as: a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or (b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage, (i) committed adultery, or (ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. Canadian divorce laws are, however, not quite as black and white as just this section of the Divorce Act. Included within the legislation passed in 1985 are the issues of child support, custody of children and support of the spouse, and each of these are decided upon in a court of law, no matter where they happen to be located in Canada. Remarrying, however, is not decided in the court of law as this is allowed to happen even before issues such as child support, custody and spousal support have been sorted out (obviously the divorce itself must have been passed). This often means that families can make a new start, and settle while the issues from the previous marriage are sorted through slowly and logically. If individuals could not remarry before these issues had been worked out, the process may become strained, rushed and not completed adequately. We are constantly adding new information - Bookmark this page. |
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