Connivance remains relevant but rare in modern Canadian divorce cases

While no-fault divorce is now the standard approach in Canadian family law, connivance can still be relevant in specific circumstances. Connivance occurs when one spouse deliberately encourages or sets up the other spouse to commit an act that could be grounds for divorce.

However, its practical application has become limited for several reasons:

• The Divorce Act primarily focuses on marriage breakdown rather than fault-based grounds
• Courts generally prefer to address the practical aspects of separation rather than assign blame
• Most divorces proceed on the grounds of one-year separation
• Legal professionals rarely advise using connivance as a defence strategy