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Most of the couples get married anticipating and expecting a life full of excitement and happiness. However, life offers several surprises. You might end up having irreconcilable differences with your spouse and decide to end the marriage. Divorce in Canada is possible to under the Divorce Act which was first enacted in 1968 and reforms introduced to the Act in 1985.
The Constitution clearly states that marriage and divorce come under the domain of the Federal government while civil and political rights come under the jurisdiction of provincial and territorial governments. Though Quebec has a different Civil Code, divorce laws remain the same in Quebec and throughout the country.
Divorce in Canada is yet possible for marriages held outside the country if you have lived in Canada for more than a year. The Divorce Act does not apply to people who are not legally married.
Divorce in Canada is possible only if it can be proved that the marriage has failed. Separation with the intention of divorce for more than a year is accepted by the law as breakdown of the marriage. It is possible to gain a divorce based on the grounds of adultery, desertion or cruelty.
Close to one-third of the marriages in Canada end as divorces especially of the uncontested type. Gaining knowledge about divorce proceedings is a necessary evil to avoid pitfalls later. You can hire the services of a lawyer who specializes in family law and a financial planner to help you out with the legal and financial aspects of a divorce.
If you do not have the resources to afford a lawyer then you can avail free services of a divorce lawyer through legal aid. Legal aid rules differ from one province to the other. A good lawyer will try to arrive at an out of court settlement through negotiation avoiding the painful process of trial and litigation.
Complex rules are applied to the distribution of property or debts between couples. You will have to be aware of the adverse effect of a default on payment of mortgages or a joint debt by your spouse, if you assign the full responsibility of those payments to your spouse. The creditors will have to be informed about the divorce and all joint accounts have to be closed.
The credit report would be affected if credit cards are held jointly. If it is a joint account, both partners will be held responsible by the institutions if there are any dues So you should write to the creditor about the divorce and get the accounts separated.
Divorce in Canada is a complex process. It is an emotionally traumatic process and the financials if not taken care of properly will cause lot of bad blood. It might lead to prolonged trial and litigation which will further increase the financial burden.
Keeping in mind, these pointers you can easily obtain a hassle free divorce.
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