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Going Beyond Canada Divorce Act: Empower Your Journey

canada divorce act

The Canada Divorce Act, a significant piece of Canadian law, outlines the acceptable reasons for spouses seeking a divorce in Canada. The divorce system in Canada operates on a no-fault basis, with the sole ground for divorce being the irretrievable breakdown of a marriage. According to the contents of the Canada Divorce Act, you can only file for divorce from your former spouse if you can demonstrate that your marriage has broken down based on the following circumstances:

  • You and your spouse have lived “separate and apart” for one year or more.
  • Your spouse has subjected you to physical or mental cruelty, making cohabitation intolerable.
  • Your spouse has committed adultery. To establish adultery, your spouse must provide written consent in the form of an affidavit confessing to the act. If they fail, you must present the court with evidence supporting the claim.

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If you choose to base your divorce application on the fact that you and your spouse have lived separately and apart for at least one year, you may temporarily reconcile for a maximum of 90 days. This reconciliation can occur either before or after filing for divorce.

If your differences with your spouse are irreconcilable, you can proceed with the divorce application as if the 90 days spent together had not occurred. During the divorce proceeding, one of the court’s duties is to ensure there is no chance of reconciliation between the spouses.

If it becomes apparent from the nature of the case, the evidence presented, or the attitudes of either or both spouses that there is a possibility of reconciliation, the court may adjourn the proceedings. This adjournment is intended to allow both spouses to attempt reconciliation.

Thus, with the spouses’ consent or at the court’s discretion, a qualified individual with experience or training in family relationships and marriage counselling or guidance will be appointed to work with the couple. If, after fourteen days, reconciliation seems unlikely, the court decides to resume the divorce proceedings.

However, before this can occur, either one or both spouses must apply for the resumption of the proceedings. Please note that the Canada Divorce Act applies to Canada, and the above information is specific to the country’s divorce laws.

When Was Divorce Legalized in Canada?

Before the pivotal year of 1968, obtaining a divorce in Canada was a daunting task. The process was complex and varied by province, often necessitating an Act of Parliament. However, with the passage of the federal Divorce Act, a uniform divorce law was established across the country, significantly easing the process for couples to obtain a divorce despite the remaining legal and other challenges.

Canada Divorce Act – Timeline

1968 – Divorce Legalized in Canada

  • The Divorce Act as passed in law on June 2, 1968
  • The original Divorce Act was enacted, replacing the patchwork of provincial laws. It provided a uniform divorce law across Canada and allowed divorce on the grounds of adultery, cruelty, and separation for at least three years. The act would later be amended multiple times, with significant changes occurring in 1985 to simplify and modernize the divorce process.

1985 – Major Overhaul of the Canada Divorce Act

  • Date: 1985
  • Summary: The Divorce Act underwent significant changes, including reducing the one-year separation period. It also introduced the concept of “no-fault divorce” and emphasized the child’s best interests in custody and access decisions.

1997 – Child Support Guidelines

  • Date: May 1, 1997
  • Summary: The Federal Child Support Guidelines were introduced to provide a more consistent and fair approach to calculating child support payments.

2005 – Recognition of Same-Sex Couples

  • Date: 2005
  • Summary: Amendments were made to recognize same-sex couples, allowing them to divorce under the same rules as opposite-sex couples.

2019 – Bill C-78 Amendments – Modernize the Canada Divorce Act.

  • Date: June 21, 2019 (Came into effect on March 1, 2021)
  • Summary: Bill C-78 was passed to modernize the Divorce Act. The amendments included replacing terms like “custody” and “access” with “parenting orders” and “parenting time.” It also introduced measures to address family violence and to make the family justice system more accessible and efficient.
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Statistics of Divorce in Canada

Canada Divorce Act changes of March 1, 2021

The words “custody” and “access” aren’t used anymore

The terms “custody” and “access” are no longer used in the Canada Divorce Act as of March 1, 2021. Instead, new phrases have been introduced to address parental arrangements following a divorce. The term “custody” has been replaced by “decision-making duty.” This new term encompasses important parental decisions regarding the children’s health, education, language, and religion. These responsibilities may be shared between parents or assigned to one parent exclusively.

A parent with a decision-making duty has the right to seek and receive information about their children’s health, education, and well-being. The time a parent spends with a child is now referred to as “parenting time.” During their allocated time, a parent with parenting time has the authority to make day-to-day decisions, including emergencies, concerning the child.

They also have the right to access information regarding their children’s health, education, and well-being. “Contact” refers to the time spent with a child by an individual who is not a parent, such as a grandparent. Someone with contact does not have the authority to make daily decisions on behalf of the child and does not have an automatic entitlement to information about the child’s health, education, or well-being.

The “best interests of the child”

When a court reaches a decision about a child, it must be driven solely by the child’s best interests. New as of March 1, 2021 is a list of particular elements that the court and parents must consider when considering what is in the best interests of a child.

  • the views and preferences of the child. any court action or order relevant to the child’s safety and well-being
  • any family violence

The court must prioritize the child’s physical, emotional, and psychological safety, security, and well-being while assessing these and other criteria.

Family violence as defined in the new Canada Divorce Act

Family violence is comprehensively defined in the modernized Canada Divorce Act. It encompasses various forms of abuse, such as physical, sexual, psychological, emotional, and financial abuse. Additionally, the term includes acts of harassment and threats directed toward individuals, pets, and property.

When domestic violence becomes a concern, the court must assess any existing or pending civil protection, child protection, or criminal court proceedings. In cases involving the determination of the “best interests of a child,” the court must also consider the presence of family violence. In such situations, the court must consider a distinct set of factors, which include:

  • The frequency and severity of the family violence.
  • The existence of a pattern of coercive and controlling behaviour.
  • Any steps taken by the perpetrator of violence to prevent future acts of violence and enhance their parenting abilities.

Relocation of children

New restrictions came into effect on March 1, 2021, regarding relocating with or without a child. Under the law, a move is considered a “relocation” when it is expected to significantly impact a child’s relationship with someone who has parenting time, decision-making authority, or contact. According to the new law, anyone intending to relocate must provide written notice of at least 60 days.

This notice must be given to anyone with parenting time, decision-making responsibility, or contact with the children. However, it’s important to note that if there is a history of domestic violence, notice may not be required.

Suppose an individual has parenting time or decision-making authority. In that case, they have 30 days to object to the relocation by either filing a court application or providing written notice of their disagreement. On the other hand, a person with contact rights cannot object to a relocation plan.

Settlement outside of the courtroom

The updated Divorce Act promotes the resolution of family issues through methods outside of the courtroom. Mediation, collaborative negotiation, and arbitration are all encouraged as alternative options.

Other Changes

The 2021 Divorce Act has undergone numerous more revisions. Some relevant federal legislation, such as those governing child support enforcement and pensions, have also been altered. Visit the Department of Justice’s website to learn more about them.

Canada Divorce Act changes of 1985

The 1985 Divorce Act is a federal legislation that governs the jurisdiction and grounds for divorce in Canada. It introduces changes to the rules regarding divorce proceedings, including the option to file a joint petition for divorce and the establishment of specific procedures for the effectiveness of a divorce decree. In the province of Ontario, a court has jurisdiction over divorce proceedings if either spouse or both have resided in Ontario for a minimum of twelve months before filing the divorce petition.

Following the divorce, requests for modifications to the divorce decree can be made to any court in the province where either spouse resides, regardless of whether it is the same court that granted the original divorce. Under the Divorce Act, the sole ground for divorce is marriage breakdown, which can be demonstrated in two ways:

  • The spouses lived separately for at least one year before the divorce judgment.
  • The spouse against whom the divorce is sought either committed adultery or treated the other spouse with physical or mental cruelty that makes it intolerable to live together.

In cases where the ground for divorce is based on one year of separation, the separation period begins from the date the spouses started living apart. Either spouse can apply for divorce during the separation period, even before the one-year mark, but the divorce is not granted until one year has passed. If the spouses reconcile and resume cohabitation for more than ninety days during the one-year period, the one-year calculation restarts from the date of the last separation.

Section 11 of the Divorce Act identifies certain activities that can prevent the granting of a divorce, including collusion between the spouses, failure to make support arrangements for the children, and seeking a divorce on cruelty grounds without condonation or connivance.

The Divorce Act introduced the option of filing for divorce jointly, where both spouses can claim divorce based on the breakdown of the marriage after living apart for at least one year. A joint petition can include claims for spousal support, child support, child custody, and visitation.

Alternatively, one spouse can file for divorce, and the other spouse may choose not to respond, resulting in an uncontested divorce that eliminates the need for court appearances. If spouses reconcile before filing a divorce petition or before fulfilling the one-year requirement of living separate, they remain married and do not need to take any action to maintain their marital status.

However, if they attempt reconciliation and cohabit for more than ninety days during the one-year separation period, the waiting period for divorce restarts. This ninety-day reconciliation period allows spouses to attempt to repair the marriage without penalizing them if the reconciliation is unsuccessful.

Negotiation and mediation are alternative methods to litigation for resolving differences and reaching a settlement agreement. In negotiation, both parties compromise and make concessions to include provisions they desire in the property settlement agreement. Mediation involves a professional mediator facilitating discussions between the spouses to help them reach a reasonable agreement on property, children, and support matters. Once a settlement is reached through negotiation or mediation, the parties express their agreement in a written separation agreement.

This agreement is then presented to the court and incorporated into a divorce judgment, making it enforceable. According to the Divorce Act, a divorce judgment takes effect thirty-one days after it is granted. In certain cases, the court may reduce the thirty-one-day requirement if the parties agree and waive their right to appeal. However, a certificate of divorce, which is required for remarriage, is not available until thirty-one days after the judgment.

The Divorce Act also addresses corollary issues such as spousal support, child custody, access, and child support. Corollary relief refers to the relief sought in addition to the divorce itself. The petitioner can request it or the respondent in the divorce petition. The divorce and corollary relief can be separated, allowing for a summary judgment on the divorce even if the parties cannot agree on issues such as child custody and support.

During the finalization of the divorce, either spouse can request interim corollary relief, such as interim orders for child custody, while the remaining corollary issues are resolved.

Summary of the Divorce Acts

The original Canadian Divorce Act was passed on June 2, 1968, allowing divorce based on adultery, cruelty, and separation. In 1986, significant amendments were made to modernize the process, introducing “no-fault” divorce based on separation for at least one year.

Further changes occurred in 1997, refining child support guidelines to ensure fair and consistent support payments. In 2021, the act was amended again to prioritize the child’s best interests, address family violence and better define parenting responsibilities.

These child-focused amendments, which aim to make the divorce process more equitable and have a positive impact on children, reflect the evolving societal values.

Who can benefit from using DivorceMate?Ken Maynard CDFA, Acc.FM2025-09-07T21:28:04-04:00

DivorceMate serves legal professionals and individuals seeking divorce-related calculations

DivorceMate is a comprehensive software solution that benefits multiple user groups in the Canadian family law system. The platform offers specialized tools for different needs:

  • Legal Professionals: Lawyers and paralegals use it for precise support calculations and court documentation
  • Family Mediators: Access tools for neutral dispute resolution and financial planning
  • Financial Advisors: Utilize features for detailed financial analysis and projections
  • Divorce Coaches: Help clients understand potential financial outcomes
  • General Public: Access MySupportCalculator for basic support estimates and financial planning

The software ensures compliance with Canadian family law guidelines while providing accurate calculations for child support, spousal support, and asset division scenarios.

Are there free versions of DivorceMate available?Ken Maynard CDFA, Acc.FM2025-09-07T21:26:00-04:00

DivorceMate is a professional-only software with no free version, but alternatives exist for public use

While DivorceMate is exclusively designed for legal professionals and requires a paid subscription, members of the public can access support calculation tools through alternative platforms. MySupportCalculator offers a user-friendly, web-based solution for Canadians seeking to estimate support payments without professional software costs.

  • DivorceMate is restricted to licensed legal practitioners
  • Professional licenses require paid subscriptions
  • MySupportCalculator serves as a free public alternative
  • Online tools provide basic support calculations for general guidance
Is there a difference between separation and divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:57:48-04:00

Separation is a physical break between spouses, while divorce legally dissolves the marriage

Under the Divorce Act, separation and divorce represent two distinct stages in the breakdown of a marriage. A legal separation occurs when spouses live “separate and apart,” though they remain legally married. Divorce is a formal court order that legally terminates the marriage.

  • Separation does not require court involvement but can include a separation agreement
  • Separated couples maintain their legal status as married individuals
  • Divorce requires a formal application through the court system
  • One year of separation is typically required before filing for divorce in Canada
What happens to property under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:57:03-04:00

Property division under the Divorce Act follows provincial laws for equitable distribution of matrimonial assets

In Canada, the division of matrimonial property during divorce is governed by provincial and territorial laws, not the federal Divorce Act. Each province has specific rules for how property is divided, but generally aims for a fair and equitable distribution of assets acquired during the marriage.

The court typically considers:

  • Family assets including the matrimonial home, vehicles, investments, and pensions
  • Financial contributions made by each spouse during the marriage
  • Non-financial contributions such as childcare and household management
  • Length of the marriage and when assets were acquired
  • Pre-marriage agreements or contracts affecting property division
How does the Divorce Act address spousal support?Ken Maynard CDFA, Acc.FM2025-08-28T16:56:16-04:00

Spousal support in Canada is determined by multiple factors including marriage duration, roles, and financial circumstances

The Canadian Divorce Act establishes clear guidelines for determining spousal support obligations. The court considers several key factors when making support decisions to ensure fair and reasonable outcomes for both parties.

The main factors considered include:

  • Length of marriage or relationship – longer relationships typically warrant more substantial support
  • Financial positions of both spouses during and after marriage
  • Roles and contributions during the marriage, including childcare and household management
  • Future earning capacity and ability to become self-sufficient
  • Economic advantages or disadvantages resulting from the marriage or divorce

The amount and duration of support payments are calculated to help the recipient spouse maintain a reasonable standard of living while working toward financial independence where possible.

What are the financial implications of the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:55:21-04:00

The Divorce Act governs financial settlements including property division, support payments, and asset distribution

The Divorce Act establishes comprehensive guidelines for managing financial matters during divorce proceedings in Canada. This federal legislation works alongside provincial laws to ensure fair and equitable settlements.

Key financial aspects covered under the Act include:

  • Property Division – Fair distribution of matrimonial assets and debts acquired during marriage
  • Spousal Support – Financial assistance based on factors like income disparity, length of marriage, and economic disadvantages
  • Child Support – Mandatory payments calculated using the Federal Child Support Guidelines
  • Pension Rights – Division of pension benefits and retirement savings

The Act ensures that financial settlements consider each spouse’s contributions to the marriage, earning capacity, and future needs while protecting the best interests of any children involved.

What is the role of mediation in the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:53:58-04:00

Mediation is a legally-supported dispute resolution process that helps divorcing couples reach mutual agreements outside of court.

Under Canada’s Divorce Act, mediation plays a vital role in promoting peaceful dispute resolution between separating spouses. A trained mediator facilitates discussions to help couples negotiate fair solutions for:

  • Property division and asset distribution
  • Parenting arrangements and child custody matters
  • Support payments for both spousal and child support
  • Family home decisions and living arrangements

This collaborative approach typically costs less than litigation, reduces emotional stress, and helps maintain civil relationships—especially important when children are involved. Legal professionals must now inform clients about mediation and other family dispute resolution processes before proceeding with court action.

How does child custody work under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:52:27-04:00

Child custody decisions under the Divorce Act prioritize the child’s best interests through a comprehensive evaluation process

The Canadian Divorce Act establishes clear guidelines for determining child custody arrangements, focusing exclusively on what will best serve the child’s wellbeing and development. Courts carefully evaluate multiple factors when making custody decisions:

  • The child’s physical, emotional, and psychological needs
  • The strength of existing relationships with each parent
  • The child’s established routines and living environment
  • Each parent’s ability and willingness to support the child’s relationship with the other parent
  • Any history of family violence or abuse
  • The child’s cultural, linguistic, and religious heritage

Under the Act, courts may award sole custody, where one parent has primary decision-making authority, or joint custody, where parents share responsibilities. The law encourages arrangements that allow children to maintain meaningful relationships with both parents while ensuring their safety and stability.

What is considered adultery under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:51:43-04:00

Adultery is voluntary sexual relations between a married person and someone other than their legal spouse.

Under the Canadian Divorce Act, adultery is considered a legal ground for divorce and occurs when a married individual engages in intimate sexual relations with someone who is not their spouse. The act must be proven with clear evidence if used as grounds for divorce. It’s important to note that:

  • Only the innocent spouse can file for divorce on grounds of adultery
  • The adultery must have occurred before the divorce petition is filed
  • There is no requirement to name the third party involved
  • Virtual or emotional relationships without physical intimacy do not legally qualify as adultery
What are the grounds for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:50:46-04:00

Under Canadian law, there are three legal grounds for divorce: separation, adultery, and cruelty

The Divorce Act of Canada establishes specific grounds under which married couples can legally end their marriage. The most common and straightforward ground is living separate and apart for at least one year. The other two grounds are based on marriage breakdown due to:

  • Adultery – when one spouse has been unfaithful during the marriage
  • Physical or mental cruelty – when one spouse has treated the other with such cruelty that continuing to live together becomes intolerable

Most Canadians choose the separation ground as it does not require proving fault and generally results in a less contentious divorce process. Couples can begin divorce proceedings before the one-year separation period ends, though the divorce cannot be finalized until the full year has passed.

Why is the Divorce Act important in Canada?Ken Maynard CDFA, Acc.FM2025-08-28T16:49:54-04:00

The Divorce Act is Canada’s federal law that establishes uniform divorce rules and protects family rights nationwide

The Divorce Act serves as Canada’s cornerstone legislation for managing the dissolution of marriages. This federal law ensures consistent legal standards across all provinces and territories, making divorce proceedings more predictable and equitable for all Canadians.

The Act’s key functions include:

  • Establishing grounds for divorce and legal requirements
  • Protecting the best interests of children through custody and support provisions
  • Ensuring fair division of spousal support and property
  • Providing a framework for dispute resolution and court proceedings
  • Maintaining consistent standards across all Canadian jurisdictions
Who can file for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:49:06-04:00

Either spouse can file for divorce if they have lived in Canada for at least one year

Under Canada’s Divorce Act, any legally married person can apply for divorce provided they meet the basic residency requirement. To qualify, either spouse must have lived in the Canadian province or territory where they’re filing for at least 12 consecutive months immediately before starting divorce proceedings.

Eligible applicants include:

  • Canadian citizens who are legally married
  • Permanent residents who are legally married
  • Temporary residents who meet the residency requirement
  • Same-sex couples who are legally married
When can you file for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:48:31-04:00

You can file for divorce in Canada after living separately for at least one year and meeting provincial residency requirements.

Under the Divorce Act, Canadian couples must satisfy two key requirements before filing for divorce. First, at least one spouse must have lived in their current province or territory for a minimum of 12 consecutive months. Second, there must be a clear breakdown of the marriage, typically demonstrated through living separate and apart for at least one year. This separation period can begin even if you continue living under the same roof, provided you’re living separate lives.

  • The one-year separation period is the most common ground for divorce in Canada
  • Other grounds include adultery or physical/mental cruelty
  • The separation period can include attempts at reconciliation up to 90 days
  • You can begin the divorce application before the one-year separation ends, but the court won’t grant the divorce until after
Do you need a lawyer to file for divorce in Canada?Ken Maynard CDFA, Acc.FM2025-08-28T16:47:41-04:00

While not legally required, professional guidance is recommended for divorce filing in Canada

You can file for divorce in Canada without legal representation, but working with qualified professionals can significantly improve the process and outcome. A divorce mediator or certified divorce financial analyst can provide valuable assistance in:

  • Navigating complex legal documentation and court procedures
  • Ensuring fair division of assets and property
  • Developing comprehensive parenting arrangements
  • Negotiating spousal and child support agreements
  • Protecting your legal rights throughout the process

While self-representation may save money initially, professional guidance often prevents costly mistakes and helps achieve more favourable long-term outcomes, especially in cases involving children, significant assets, or complex financial situations.

What are the steps to file for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2025-08-28T16:46:52-04:00

Filing for divorce in Canada requires completing an application, serving documents, and obtaining court approval.

Under the Divorce Act, the legal process of ending a marriage involves several key steps:

  • Complete a Divorce Application form with personal information, marriage details, and grounds for divorce
  • Gather supporting documents including marriage certificate and financial statements
  • Serve the divorce papers to your spouse through official channels
  • File all documents with your provincial court and pay required fees
  • Wait for court review and processing (typically 3-6 months)
  • Receive your Divorce Order if application is approved

The process may take longer if there are disputed issues regarding property division, support payments, or child custody arrangements. Consider consulting a family law lawyer to ensure proper completion of all requirements.

How does the Divorce Act work in CanadaKen Maynard CDFA, Acc.FM2025-08-28T16:46:06-04:00

The Divorce Act is federal legislation that governs divorce proceedings and related matters across Canada

The Divorce Act establishes the legal framework for ending marriages in Canada, setting national standards for divorce proceedings and related issues. This federal law works alongside provincial family laws to ensure consistent divorce processes nationwide.

The Act covers several key areas:

  • Grounds for divorce, primarily based on marriage breakdown through separation of at least one year
  • Child-related matters, including custody, access, and support obligations
  • Spousal support determinations and enforcement
  • Jurisdiction rules for divorce proceedings across provinces and territories
  • Recognition of foreign divorces and international arrangements

Courts must consider the best interests of children when making decisions under the Act, particularly regarding parenting arrangements and support obligations. Recent updates to the Act have modernized its language and approach to better reflect contemporary Canadian family dynamics.

What does de facto mean?Ken Maynard CDFA, Acc.FM2025-08-26T20:04:22-04:00

De facto refers to situations that exist in reality or practice, even without official recognition

De facto is a Latin term meaning “in fact” or “in reality.” In legal and social contexts, it describes circumstances that are accepted and treated as true in practice, even if not formally or legally established. A common example is a de facto relationship, where couples live together in a marriage-like arrangement without being legally married.

  • Used to distinguish between what exists in practice versus what is legally recognized
  • Common in legal, business, and social contexts
  • Different from “de jure” which means “by law”
  • Often applies to relationships, standards, or practices that are widely accepted without formal recognition
What is the difference between Divorce Act vs Family Law Act?Ken Maynard CDFA, Acc.FM2025-08-26T20:03:05-04:00

The Divorce Act is federal legislation for divorce, while the Family Law Act is provincial legislation covering broader family matters

These two important pieces of legislation serve different but complementary purposes in Canadian family law. The Divorce Act is federal legislation that specifically governs divorce proceedings and related matters across Canada. The Family Law Act is provincial legislation that addresses a wider scope of family issues.

  • The Divorce Act covers:
    • Divorce applications and grounds for divorce
    • Custody and access arrangements for married couples
    • Spousal and child support for divorcing couples
  • The Family Law Act covers:
    • Property division and family assets
    • Rights of common-law partners
    • Child custody for unmarried parents
    • Support obligations for all family relationships
    • Domestic contracts and agreements
What is the history of divorce in Canada?Ken Maynard CDFA, Acc.FM2025-08-26T20:01:42-04:00

Canada’s divorce laws were established in 1968 with the landmark Divorce Act, modernizing family law across the country

The evolution of divorce in Canada represents a significant shift in both legal and social attitudes. Prior to 1968, obtaining a divorce required an act of Parliament, making it nearly impossible for most Canadians. The Divorce Act of 1968 introduced the first comprehensive federal divorce law, establishing uniform grounds for divorce across all provinces and territories.

Several key developments shaped Canadian divorce law:

  • Pre-1968: Divorce required a private act of Parliament, except in Nova Scotia
  • 1968: The first federal Divorce Act established nationwide divorce regulations
  • 1985: Major reforms introduced no-fault divorce after one year of separation
  • 1986: The Divorce Act amendments modernized child custody and support provisions
  • 2021: Recent updates focused on children’s best interests and family violence prevention

Today, Canadian divorce law emphasizes mediation, collaborative solutions, and protecting children’s interests while maintaining equitable outcomes for both parties.

What’s new in the Divorce Act Canada 2021?Ken Maynard CDFA, Acc.FM2025-08-26T20:00:22-04:00

The 2021 Divorce Act introduced major reforms focusing on children’s wellbeing and modernized family law terminology.

Canada’s updated Divorce Act brought significant changes to family law on March 1, 2021. The legislation prioritizes children’s best interests and introduces more comprehensive guidelines for family justice.

Key changes include:

  • Replacing terms like “custody” and “access” with parenting time and decision-making responsibility
  • New requirements for parental relocation including mandatory notice periods
  • Enhanced measures to address family violence and its impact on children
  • Establishing clear guidelines for cases involving multiple jurisdictions
  • Promoting alternative dispute resolution and family mediation services

The modernized Act encourages parents to focus on their children’s needs while providing clearer frameworks for legal professionals and courts to address family law matters.

When was divorce legalized in Canada?Ken Maynard CDFA, Acc.FM2025-08-26T19:58:28-04:00

Divorce became legal in Canada in 1968 through the federal Divorce Act

The Divorce Act of 1968 marked a significant change in Canadian family law by establishing the first unified federal divorce legislation. Before this landmark law, divorce was extremely difficult to obtain and varied by province. The Act introduced “no-fault” divorce after a three-year separation and expanded the grounds for divorce beyond adultery.

Key changes brought by the 1968 legislation included:

  • Establishing uniform divorce laws across all provinces and territories
  • Creating no-fault divorce provisions based on separation
  • Expanding grounds for divorce to include mental/physical cruelty
  • Setting up a more accessible court process for divorce proceedings

The Act has since been updated, most notably in 1985, to further modernize divorce laws and reduce the separation period to one year.

Canada Divorce Act vs Provincial Family Law Acts

The Canada Divorce Act is a federal law that governs the process of divorce and related issues such as spousal support, child custody, and access across Canada. It applies uniformly to all provinces and territories, ensuring a standardized approach to divorce proceedings.

On the other hand, Provincial Family Law Acts are laws specific to each province or territory that govern family-related matters, such as property division, child support, and parenting arrangements, for couples who are separating but not divorcing. These laws address the nuances and specific needs of families within each province.

In summary, the Canada Divorce Act handles the legal dissolution of marriage and associated matters on a national level, while Provincial Family Law Acts manage family law issues for unmarried couples or those separating within a specific province. Both sets of laws work together to cover the full spectrum of family law in Canada.

About the Ontario Family Law Act?

The Family Law Act was enacted by the Ontario Legislature in 1990. It governs the rights of spouses and dependants in various areas of family law, such as property, support, inheritance, prenuptial agreements, separation agreements, and other related matters. In a significant ruling in 1999, known as M. v. H., the Supreme Court of Canada established the equality of spousal rights for same-sex couples under Canadian law. This ruling profoundly impacted the interpretation of the Family Law Act.

Family Law encompasses a wide range of legal issues related to family connections, including child protection, child custody and access, division of family property during separation and divorce, spousal and child support, adoption and parentage, and dependents’ relief applications. These matters are primarily regulated by provincial legislation in Ontario. If you have any further questions or need additional information, feel free to ask.

Divorce Act and the Family Law Act in Canada

The Divorce Act and the Family Law Act in Canada each have distinct applications depending on your marital status and the issues at hand. If you and your former spouse were never legally married, the Family Law Act governs your separation. Conversely, if you were married, you have the option to use either the Divorce Act or the Family Law Act.

Your legal rights as parents under either the Divorce Act or the Family Law Act are largely similar. However, only the Divorce Act can grant a divorce, and only the Family Law Act can handle property division. It’s generally advised that if you’re applying for a divorce, you should use the Divorce Act.

For all other matters, such as custody and access or issues affecting the child’s life, the Family Law Act is typically more appropriate. However, the Divorce Act has evolved to encompass more than just the administrative dissolution of a marriage.

This is because divorce proceedings are often closely linked with Family Law issues, particularly those related to family property, child support, and child care.

Final Thoughts

In conclusion, the changes to the Divorce Act in Canada have significantly impacted how divorce proceedings are handled. The Act, a cornerstone of Canadian law, has evolved to reflect the realities of modern family relationships better. The amendments have expanded the grounds for divorce under the family law act to include marriage breakdown, adultery, physical or psychological abuse, and more.

The Act now emphasizes the child’s best interests, taking into account factors such as the child’s views and preferences, any court action or order relevant to the child’s safety and well-being, and any family violence. The Act also provides a comprehensive definition of family violence, encompassing physical, sexual, psychological, and financial abuse and acts of harassment and threats directed towards individuals, pets, and property.

The Act has also introduced new terms to replace “custody” and “access,” with “decision-making responsibility” and “parenting time” now being used to reflect the nature of parenting post-divorce better. The Act also outlines the rules for the proposed relocation of children, requiring written notice and providing a mechanism for objections.

The changes to the Act encourage parties to resolve their issues outside of the courtroom, promoting methods such as mediation, collaborative negotiation, and arbitration. This shift towards alternative dispute resolution methods aligns with the Act’s overall goal of reducing the adversarial nature of divorce proceedings, thereby minimizing the potential harm to children and preserving family relationships where possible.

In essence, the changes to the Divorce Act reflect a more nuanced understanding of family dynamics and the complexities of divorce. They underscore the importance of prioritizing the child’s best interests, addressing family violence, and promoting amicable resolution of disputes.

These changes are a testament to the evolution of family law in Canada, demonstrating a commitment to adapt and respond to the changing needs of families nationwide. Would you like to learn more? Get in touch for a Get Acquainted Call to learn more about finding a separation agreement with a soft landing.

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11 Key Takeaways about Canada Divorce Act

  • No-Fault Basis: Divorce in Canada operates on a no-fault basis, focusing on the irretrievable breakdown of the marriage.
  • Grounds for Divorce: Includes one-year separation, adultery, or cruelty.
  • Reconciliation Period: Couples can reconcile for up to 90 days without affecting the separation period.
  • Parenting Terms: “Custody” and “access” are replaced with “decision-making responsibility” and “parenting time.”
  • Best Interests of the Child: Decisions must prioritize the child’s well-being.
  • Family Violence: Broad definition including physical, emotional, and financial abuse.
  • Relocation Rules: Requires 60 days’ notice for significant relocations.
  • Mediation Encouraged: Promotes out-of-court settlements through mediation and arbitration.
  • Child Support Guidelines: Established for consistency and fairness in support calculations.
  • Same-Sex Couples: Recognized and governed by the same rules as opposite-sex couples.
  • Modernized Language: Updated to reflect contemporary family dynamics and promote cooperative parenting.

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We understand that if you’ve landed on this page, you’re likely navigating one of the most challenging periods of your life. The complexities of divorce can be overwhelming, and the emotional toll it takes can be immense. That’s why our team of Family Mediators and Certified Divorce Financial Analysts at DTSW is committed to providing a different approach: the Soft Landing Divorce Settlement Method.

Our method aims to simplify the divorce process, making it less stressful and more manageable. We assist intelligent and successful couples in crafting clear and straightforward separation agreements, ensuring a smooth transition towards a secure future. This is achieved in four meetings or less, sidestepping the excessive conflicts and confusion often associated with separation.

We offer the flexibility to collaborate via video conference or in-person at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

So, why navigate this challenging journey alone when you can have a team of experts guide you towards a softer landing?

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This may interest you:

  • Divorce Act ( RSC , 1985, c. 3 (2nd Supp.)) – Laws.justice.gc.ca: This is the official government page for the Divorce Act, providing the full text of the law. It’s a reliable source for anyone wanting to understand the specifics of the Act.
  • RSC 1985, c 3 (2nd Supp) | Divorce Act | CanLII: CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII’s goal is to make Canadian law accessible for free on the Internet. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.
  • Divorce Law in Canada (96-3e): This link provides a historical perspective on the Divorce Act of 1968, which introduced the concept of permanent marriage breakdown as a ground for divorce.
  • Divorce Act (Canada) – Wikipedia: Wikipedia provides a comprehensive overview of the Divorce Act, including its history, provisions, and impact. It’s a good starting point for general information.
  • For years, Canada’s Divorce Act didn’t mention family violence. That changes today. – CBC: This CBC article discusses the recent changes to the Divorce Act regarding family violence. It’s a good resource for understanding the Act’s evolving approach to this important issue.
  • Divorce Law Basics – Canadian Legal FAQs: This page provides a basic overview of divorce law in Canada, including the role of the Divorce Act. It’s a good resource for anyone needing a simple, straightforward explanation.
  • Government of Canada announces coming into force of Divorce Act amendments: This is the official announcement from the Government of Canada about the coming into force of Divorce Act amendments. It’s a primary source for information about the changes.
  • Canada: Summary Of The Changes To The Divorce Act | Mondaq: This article provides a summary of the changes to the Divorce Act, including a broad definition of family violence. It’s a good resource for understanding the key changes in the law.
About the Author:
Ken Maynard CDFA, Acc.FM

I assist intelligent and successful couples in navigating the Divorce Industrial Complex by crafting rapid, custom separation agreements that pave the way for a smooth transition towards a secure future. This efficient process is achieved in about four meetings, effectively sidestepping the excessive conflicts, confusion, and costs commonly linked to legal proceedings. Clients have the flexibility to collaborate with me either via video conference or in-person through a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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Ken Maynard CDFA, Acc.FM2024-07-06T13:25:19-04:00

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