Canada’s Divorce Rate: Automatic Divorce After Extended Separation?

Updated on February 22, 2024

Explore our portal for insights into the Divorce Rate in Canada and discover if an Automatic Divorce is possible following a prolonged separation in the country.

Divorce Rate in Canada

Following an extended separation, couples in Canada have the option to end their marriage without undergoing the formal divorce process, thanks to a legal mechanism. A divorce is the official legal procedure utilized by married couples to terminate their union.

Courts are the only entities authorized to grant divorces, and this process is specific to married couples. Statistics Canada reported approximately 42,933 nullified marriages in 2020, with informal sources indicating that the current divorce rate in Canada hovers around 31%.

This article delves extensively into the topics of separation, divorce, and the intricacies of divorcing after a prolonged separation. Feel free to refer to it for more information.

What is Separation and Divorce?

When a married couple stops residing together, it is termed as separation. Despite maintaining their legal marriage status, couples can acquire this separation legally. To be recognized as separated in Canada, a couple must live apart for at least a year.

Unlike separation, divorce is a legal process designed to end a marriage. The only lawful method to dissolve a marriage is by personally filing for divorce with the court. In Canada, meeting the legal requirements and submitting a divorce application to the court is necessary for one of the spouses to obtain a divorce. Therefore, in Canada, divorce and separation are distinct processes.

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Divorce Rate in Canada Overview

Article Divorce Rate in Canada
Regulating Provision Divorce Act, Canada, 1985
Required Min Separation Period 1 year
Further Readings Click Here

Can I in Canada Get an Automatic Divorce After a Prolonged Separation?

In Canada, the simplest route is the automatic divorce process, allowing couples to divorce after an extended separation. This option applies to couples who haven’t contested the divorce and have lived apart for a specified duration.

With automatic divorce, there’s no need for a court appearance or the submission of evidence regarding the marriage breakdown, as opposed to the traditional divorce process. It’s essential to note that a prolonged separation alone doesn’t nullify a marriage; a formal divorce request is required for dissolution through the courts.

There isn’t a fixed timeframe that automatically leads to divorce after separation. Instead, you can initiate divorce proceedings on the grounds of one year of separation from your spouse.

How to Apply for Automatic Divorce in Canada?

After a year of separation, both parties need to agree to the divorce and jointly submit a signed application, marking a crucial step that showcases their cooperation and mutual decision to end the marriage.

For an automatic divorce in Canada, couples must submit the necessary paperwork, either an Application for Divorce if initiated by one spouse or a Joint Application for Divorce for mutual consent. Beyond establishing that the marriage is irretrievably failed, the application should provide relevant details about the separation.

In Canada, securing an automatic divorce involves preparing and signing a separation agreement, submitting the divorce application to the court, and observing a one-year separation period. The process can proceed without a court appearance if both parties are in agreement.

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Automatic Divorce Eligibility

In Canada, couples seeking divorce after a prolonged separation need to meet specific criteria.

Before applying for an automatic divorce, the couple must have lived separately for a minimum of one year. Agreement from both parties that their marriage is irreversibly broken is a prerequisite for the divorce to be granted. Additionally, the province or territory where the automatic divorce is sought must be the residence of at least one spouse.

The separation period, varying by province, plays a crucial role, allowing both individuals time to reflect on their marital status and make decisions about their future.

While we encourage efforts to preserve marriages, if you are contemplating divorce, we wish you the best of luck in your decision.

 

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