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My spouse committed adultery. Does this make it easier to get a divorce?

In Canada, divorce is no longer “fault” based. This means that neither party needs to have done something wrong for the court to grant you a divorce. The Divorce Act states that if you and your spouse has lived separate and apart for at least one year, or the spouse with whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty, a breakdown in marriage has occurred. So, under this Act, you can divorce your spouse if they have committed adultery.

However,... MORE »

Most Recent FAQs

What do I do if my spouse isn’t following our separation agreement?

First, it is always best to speak to your spouse about your separation agreement, and remind them that they are legally bound to comply with its terms. If this is not effective, you can also let them know that you may speak to a family lawyer to find out how to enforce your rights if they do not comply.

If your partner still does not respond, you can have a family law lawyer draft a “demand letter.” This simply informs your spouse that if they do not fulfill their obligations under... MORE »

What do I need to include in my separation agreement for it to be court enforceable?

This is an important consideration, especially if you have any reason to believe that your spouse may not comply with your separation agreement in the future. If your separation agreement is not created in a certain way, the courts may set it aside all or part of it should any problems arise in the future.

The following aspects must be complied with during the drafting of a separation agreement:

  • Both spouses must provide full and truthful financial disclosure
  • There cannot be any undue pressure, and it the process of creating the document must... MORE »

Should I sign a separation agreement?

In order to avoid going to court, a separation agreement may be the most effective way of negotiating the matters resulting from your marriage breakdown. Separation agreements can save money and time spent in court.

Separation agreements help ease the transition of family life during this difficult time, which can be especially important if you and your spouse have children. Time in court often has damaging effects on both spouses and children, and is usually worth avoiding.

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Does collaborative divorce still include strict financial disclosure by both parties?

Yes. During the process of collaborative divorce, you and your partner will both have to complete the same level of financial disclosure as a regular divorce. Your collaborative lawyer will still pay just as much attention to detail in drafting your documents, and will ensure that you know your financial rights around property and support issues.

Collaborative lawyers will work with you to find a creative financial solution that feels fair for both you and your spouse. A benefit to this is that you may be more likely to end up... MORE »