The separation of a married couple for at least one year is the usual basis for a divorce in Canada. Since the court is not interested in who is to blame for the break-up of the marriage, this is called a "no-fault divorce".
A Separation Agreement may be entered into prior to or during the period of separation to decide matters of child custody, support, access and guardianship; spousal maintenance; and the division of family assets (the "Divorce Issues") - or these issues may be decided later at the divorce application stage. When the spouses have reached agreement on all the Divorce Issues they have an "uncontested divorce".
If a spouse can prove that they have suffered from their spouse's mental or physical cruelty or that their spouse has committed adultery, they can apply for divorce without waiting a year. However the court must be convinced - based on corroborating evidence - that the cruelty or adultery did actually occur and this may involve investigators, expert witnesses and costly court room lawyers.
WHAT DO I NEED TO DO?
Metro Law deals only with uncontested, no-fault divorces, but if that describes your situation, Book an appointment and download and complete the following Family Law Questionnaire (click) to bring to your appointment.
We believe that a Separation Agreement should be entered into as early as possible. A good Separation Agreement creates a friction-free, livable compromise for all parties - especially the children of the marriage - and provides a healing or cooling-off period which can give rise to reconciliation. If reconciliation is successful, the Separation Agreement is simply torn-up.