Connivance as a defence varies by jurisdiction and is largely obsolete in modern family law

In Canadian family law, connivance has become increasingly irrelevant as a legal defence since the introduction of no-fault divorce legislation. While historically used as a defence against divorce petitions, particularly in cases involving adultery, its application is now extremely limited.

The current status of connivance varies across jurisdictions:

• In Canadian provinces and territories, connivance is rarely considered due to the Divorce Act’s no-fault provisions
• Some Commonwealth jurisdictions still recognize connivance in limited circumstances
• Most modern legal systems have moved away from fault-based divorce defences entirely
• Where still available, courts generally view connivance claims with significant skepticism