Written by Harman Kang

There are essentially three grounds of marriage breakdown under the Divorce Act.


  1. Separation for more than 1 year, however spouses may resume cohabitation for the purpose of attempting reconciliation up to 90 days. If spouses cohabit for more than 90 days, the 1 year period of separation refreshes.
  2. Adultery
  3. Physical or Mental Cruelty of such kind that as to render continued cohabitation intolerable.


In addition to marriage breakdown, there are additional requirements. Specifically, court must ensure there is no collusion between the spouses for getting a divorce, spouses must file a certificate of the marriage and finally must be able to show that adequate arrangements are in place for any child of the marriage. These arrangements must be reasonable and in line with the Child Support Guidelines.


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