Connivance occurs when one spouse secretly encourages or permits the other’s adultery to gain advantage in divorce proceedings

Connivance is a legal defence in divorce cases where the respondent claims their spouse knowingly allowed or facilitated acts of adultery. This differs from condonation, as connivance involves actual encouragement or permission of the behaviour. In Canadian family law, proving connivance can affect divorce proceedings in several ways:

  • It may prevent the petitioning spouse from using adultery as grounds for divorce
  • It can impact financial settlements and support arrangements
  • It demonstrates bad faith behaviour in legal proceedings
  • It may influence judicial decisions regarding divorce terms