What are the obstacles or ‘bars’ to divorce in Ontario?

According to the Divorce Act, there are three bars or obstacles to divorce in Ontario.

The first bar to divorce in Ontario is collusion. Collusion is defined as an agreement or conspiracy where the Applicant is a direct or an indirect party attempting to subvert the administration of justice. For example, an arrangement to fabricate evidence to mislead the court would be colluding. Collusion does not include an agreement to the extent that it provides for the separation between parties, financial support, division of property or the custody of any child of the marriage.

The second bar to divorce in Ontario is if the court determines that reasonable arrangements for the support of the children have not been made. In other words, the court must satisfy itself that reasonable arrangements have been made for the support of the children before granting a divorce. If such arrangements have not been made, the court will stay the granting of the divorce until these arrangements are made.

The third bar to divorce in Ontario is condonation or connivance. In other words, if the divorce is based on the breakdown of the relationship established through adultery and the Applicant condoned or connived in the adultery, the Application may be dismissed. According to case law, connivance has been defined as a corrupt intention by a spouse in promoting the initiation or the continuation of the adultery of the other spouse.