The legal framework
The federal Divorce Act applies across Canada. The sole ground is breakdown of the marriage, established by one year's separation, adultery or cruelty. Property division is provincial, and differs significantly between provinces. The amendments in force since March 2021 replaced custody and access with parenting orders, and imposed a duty to consider family violence.
Key points
| Ground | Breakdown, shown by one year's separation, adultery or cruelty |
|---|---|
| Separation under one roof | Possible where the household has genuinely ended |
| Parenting | Parenting time and decision-making responsibility; best interests of the child, with family violence expressly considered |
| Relocation | Notice requirements and a structured test since 2021 |
| Child support | Federal Child Support Guidelines, table amounts by income and province |
| Spousal support | Advisory Guidelines used in practice, though not binding |
| Property | Provincial law: equalisation of net family property in Ontario, family patrimony in Quebec, and so on |
| One year | Separation for one year is the practical ground in almost all cases |
| Federal and provincial | Divorce is federal; property division is provincial |
| Child support guidelines | Table amounts based on income and province; departures are rare |
In practice
- You can apply jointly, which is quicker and cheaper.
- Both parties must exchange full financial disclosure — incomplete disclosure is the main cause of delay.
- Mediation is subsidised in several provinces.
- Do not remarry until the divorce is final and the certificate issued.
- Exchange full financial disclosure early: courts can set aside agreements made without it.
- If you plan to move with a child, give the statutory notice — failing to do so damages your position.
Cost and coverage
Court filing fees vary by province; legal aid is means-tested. Unbundled legal services are increasingly available for parts of the process.
Recent changes
The 2021 amendments introduced a duty to attempt family dispute resolution where appropriate, and a framework for addressing family violence in parenting decisions.
Where to go
- Provincial court family law information centres.
- Legal aid and pro bono family law clinics.
- Department of Justice child support tables, published online.
Worth knowing
The one-year separation period runs from the date of separation, not the date of filing — so you can file at any time and simply obtain the divorce once the year has elapsed. Property is provincial and the differences are large, particularly in Quebec. Where the spouses live in different provinces, take advice before filing.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations