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No-fault divorce

No-Fault Divorce in Ontario: What the Law Really Says

Your marriage has been over for months, maybe years. You've slept in separate rooms, lived like roommates, and both know it's time to move on. Yet here you are, wondering if you need to prove your spouse did something wrong just to get divorced. We are here to help clarify this issue and address the confusion that often arises surrounding “separation” and the grounds required to request a divorce.  Our goal is to help you move forward productively, so that you feel educated and empowered to address this issue proactively and effectively. Key Takeaways: No blame required: You don't need to prove wrongdoing to get divorced in Ontario One-year separation: Living apart for 12 months is the most common grounds Living together allowed: You can be separated while still sharing a home Adultery and cruelty: Still valid grounds but rarely worth pursuing Both spouses don't need to agree: One spouse can initiate divorce proceedings What Does No-Fault Divorce Actually Mean? No-fault divorce in Ontario means exactly what it sounds like - neither spouse needs to be at fault for the marriage breakdown. You don't have to air your dirty laundry in court or prove your partner cheated, abused you, or...

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Annulment vs. Divorce in Ontario

In family law, a divorce in Ontario dissolves a marriage from the time that the divorce decree is granted. To obtain a divorce in Ontario, the parties must, at one time, have had a valid marriage. In the vast majority of cases, the criteria required for a divorce in Ontario is a period of separation of at least one year. In contrast to a divorce in Ontario, an annulment is granted in family law when there is a defect or disability that existed at the time of the marriage that prevented a valid marriage from ever being created. In family law, there is a distinction between a marriage that is void as against one that is voidable. If a marriage is void, a decree of nullity declares that there never was a marriage. A void marriage was never a valid subsisting marriage. For example, if one spouse is already married (and has not been validly divorced), the current marriage is void. If a marriage is voidable in family law the marriage has a flaw, but the marriage is recognized as valid until one of the parties starts annulment proceedings. The decree that is received annuls the marriage with retroactive effect. A voidable...

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Marriage Annulments

Section 31 of the Marriage Act states: If the parties to a marriage solemnized in good faith and intended to be in compliance with this Act, are not under a legal disqualification to contract such marriage, and after such solemnization have lived together and cohabited as a married couple, the marriage shall be deemed valid. This is despite the fact that the person who solemnized the marriage was not authorized to do so, and despite the absence of or any irregularity or insufficiency in the publication of banns or the issue of the licence. R.S.O. 1990, c. M.3, s. 31; 2005, c. 5, s. 39 (5). The case of Matthews v. Mutiso summarizes the four requirements necessary in order to fall under the legal regime of section 31. The marriage must have been solemnized in good faith; The marriage must have been, at least, intended to be in compliance with the Act; Both parties were legally qualified to contract into the marriage; and, Post solemnization, the parties must have lived together and cohabited as a married couple. Interestingly, in Matthews v. Mitrow, Justice Mitrow did not delve into whether the couple had consummated the marriage at any point. Justice Mitrow found that although the two...

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