Divorce is federally regulated in Canada under the Divorce Act. As family lawyers, we work with clients to help them sensibly move forward to the next phase of their life. To get divorced, couples must establish there has been a breakdown of the marriage as a result of one of three grounds:

1. Living apart for one year or more;

2. Physical or mental cruelty; or

3. Adultery.

While many couples apply for a divorce under the ground of “one-year separation”, individuals who have suffered physical/mental cruelty, or adultery, often ask what this means for them.

What is an “At Fault Regime” in family law?

Application for divorce in a jurisdiction which allows for “at fault divorce” allows an individual to argue their ex-partner is responsible for the breakdown of the relationship. This occurs under specific grounds such as adultery, cruelty or abandonment, to name a few. Under an “at fault divorce” regime, the conduct of the parties in the relationship can be considered by the courts, and may have an impact on the remedies available.

Canada’s “No Fault Regime”

In Canada, we follow a “no fault divorce” regime. Here, neither party is required to establish wrongdoing on the part of their former spouse to obtain a divorce. Even if a party is able to establish cruelty or adultery, this is not taken into consideration when considering spousal support, child support, or property division.

The grounds of adultery and cruelty do, however, remain available. Successfully establishing the breakdown of a relationship on one of these grounds will allow you to obtain a divorce before a one-year separation has been completed.

Lenehan Musgrave can help you navigate Canada’s no fault divorce regime with full- service representation or simplified family law services. If you have questions as to how this will impact your matter, or are not sure which ground is most appropriate to file for divorce under, please contact one of our experienced family lawyers or schedule an initial family law consultation.