Grounds for Getting Divorced in Canada

The Canadian divorce laws are very simple and straightforward.  Hence getting divorced in Canada is the most uncomplicated of ways. As a student of law, the significance of Divorce Acts in a country has always fascinated me and the Canadian Divorce Act is in fact an exemplary model of how evolving society will give rise to new laws.

I developed this interest in the evolution of divorce laws of a country when I had to submit a thesis paper on the subject during my final year of law school.  Such studies help in understanding how the laws of the country evolve.  It is important to understand divorce laws as it will affect the society of tomorrow.

The divorce laws will have an impact on society if they are too strict.  If the divorce laws of a country are very relaxed then the integrity of marriage is at stake and this will undermine the society. The Divorce Act of Canada is very balanced and makes the whole process of getting divorced in Canada a lesser ordeal as compared to most of the neighboring countries.

It is possible for either partner to prove to the court that the marriage bonds have been broken. Further that the chances of them getting back together are nil, the court would admit such a plea for a divorce. But it will have to be proved before the concerned provincial court that either the couple has been living separately or that there has been cruelty either physical or mental by one spouse on the other or that there has been adultery in the marriage.  Subject to one of the criteria being established can getting divorced in Canada be possible.

Initially these laws were also very elaborate with several sub paragraphs etc The rules were very archaic and it was becoming increasing difficult for some of the victimized spouses to seek redressal legally.  The women were found to be the most affected.

The government introduced incremental steps of legal reform as well as special privileges to the women like educational grants and greater employment chances to empower her Most of the provinces of Canada subscribe to these laws with a few native adaptations. Today getting divorced in Canada is based on the most effective divorce laws that any government can offer its people.

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This entry was posted on Friday, June 4th, 2010 at 11:17 am and is filed under Canadian Divorce. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

 

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