Today I’d like to talk about no-fault divorces.
In Canada, there is only one way to get a divorce: you must demonstrate that there is a “breakdown of marriage.”
Breakdown of marriage can be demonstrated by establishing one of the following:
- The spouses have lived separate and apart for at least one year;
- The other spouse has committed adultery since the celebration of marriage; or
- The other spouse has treated the applicant spouse with physical or mental cruelty.
Technically, the “no-fault” divorce refers only to item #1, since there are components of “fault” in item #2 and 3. However, this is not the reason why we refer to divorce in Canada as “no-fault.”
“No-fault” divorce refers to not only the grounds of divorce (breakdown of marriage), but also the spousal support payable to a former spouse.
Under the Divorce Act, in making an order for spousal support, the court cannot take into consideration any misconduct of a spouse in relation to the marriage. Rather, the court must inquire the condition, means and needs of each spouse, including the length of cohabitation, the function performed by each spouse during cohabitation, and any arrangement or agreement relating to support of either spouse.
In the end, spousal support orders are made with the following legislative goals in mind:
(a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
(b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.
