Provincial or territorial laws apply to married couples who separate but do not apply for a divorce, and to unmarried couples who separate. Provincial or territorial laws may also apply to some issues, such as the division of marital property. In addition to setting out conditions for getting a divorce, it addresses issues such as child support, spousal support and parenting arrangements for children in divorce cases. The Divorce Act is the federal law that applies when a married couple has requested a divorce or has already divorced in Canada. Once the process is finished, a court will issue a divorce certificate proving that you are no longer married. Only married couples can get a divorce, and only a court can grant a divorce. What is divorce?ĭivorce is the legal process that a married couple must go through to end a marriage. However, in limited circumstances, you may be able to end your marriage under the Civil Marriage Act if you meet certain criteria. If neither you nor your spouse lives in Canada, you cannot get a divorce under the Divorce Act. This Act applies when at least one spouse has resided in a Canadian province or territory for at least one year before they apply for a divorce. This Fact Sheet provides general information about getting a divorce in Canada under the federal Divorce Act.
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