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.