How to get divorced Canadian-style
Why do Canadians get divorced, and how difficult is it to file for divorce in Canada?
In 2020, Canada recorded 42,933 divorces, the lowest number since 1973. This decrease was due to pandemic lockdowns and limited access to court services. According to Statistics Canada, the divorce rate in 2020 was 5.6 per 1,000 married people — the lowest level in 50 years. Statistics Canada also notes the growing "marriage selectivity": young people in Canada are increasingly choosing civil unions that don't require formal dissolution.
Divorce decisions are increasingly mutual: statistics show that 31% of applications in 2020 were filed jointly. The average age at divorce is steadily rising: from 36.2 years in 1980 to about 46 years in 2020.
The average duration of a marriage ending in divorce in Canada is 15.3 years. The median length of the divorce process in 2020 was 5.8 months, with unofficial estimates for 2024 ranging from 4 to 6 months.
Data from 2016-2020 shows the highest divorce rate in Yukon (13 divorced couples per 1,000 marriages), and the lowest in Nunavut (only 2 cases per 1,000).
The most common reasons Canadians file for divorce are:
- Financial issues — 68% of respondents believe property conflicts can lead to divorce
- Infidelity
- Domestic violence, both physical and mental
- Lack of affection
- Irreconcilable personal differences
Divorce in Canada is a legal process that married couples must go through to end their marriage. Only married couples can get a divorce, and only a court can grant it. At the end of this process, the court issues a divorce certificate confirming that the applicants are no longer married.
Grounds for Divorce
The only legal reason for filing is that the marriage has broken down. The law recognizes that a marriage has broken down if it's proven that the applicants have lived separately for at least one year. In some cases, separate living can be counted even if the spouses live under the same roof, but they must prove they weren't living as a couple.
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A divorce can be granted without separate living if the applicant can prove the marriage is breaking down due to one of the following reasons:
It's recommended to hire a lawyer for this approach.
Once the decision is made, follow these steps:
1. Fill out the divorce application
To be eligible for divorce in Canada, you must meet these conditions:
- The spouses are legally married under Canadian law or the law of another country where the marriage took place (and have lived in Canada for at least a year)
- A decision has been made to end the relationship
- The application must be filed in the province where one of the spouses has lived for the past year
The Divorce Act is federal law, but provinces and territories are responsible for divorce procedures. Each province offers its own forms, and registration fees vary by region.
The grounds for divorce should be determined in advance and stated in the application.
If spouses file based on one year of separation, they can live together for up to 90 days (before or after filing) to attempt reconciliation.
2. Determine if there are disputed issues
The application requires specifying the type of divorce: the best option is when both spouses agree on the terms. If they can't agree, they'll need to file separate applications.
3. If there are children
If both spouses agree on future child-rearing arrangements, they should describe the agreed terms in the application.
In a contested divorce, each spouse writes their preferences in their own form.
It's preferable when parents agree on custody and child support in advance and amicably. Otherwise, the court will make rulings on these issues.
4. File the application with the court in your region of residence
This can be done independently or through your lawyer.
5. Wait for approval from the Divorce Registry in Ottawa
If one spouse filed for divorce, the respondent has 30 days after receiving notification to file their response.
If there's no response after 30 days, the divorce can be registered in court by submitting a divorce affidavit, divorce order, and clerk's certificate.
6. Obtaining the decision
The judge reviews all materials and then signs the divorce order.
After this, one of the spouses/couple has 31 days to file an appeal. After this period, the divorce is final and cannot be revoked. However, conditions regarding custody and child or spousal support may change over time.
The divorce certificate can be obtained 30 days after the court's decision. After this, the couple is officially divorced.
Canada strongly recommends seeking professional legal advice, especially when the couple has children or the divorce is due to infidelity or violence. However, not everyone can afford a lawyer, so most provinces have family justice services offices where you can get advice and assistance. The average cost of an uncontested divorce is $1,860 CAD, while a contested divorce costs around $20,625 CAD.
Please note that this is not a legal text. Family law is complex and multifaceted, so it's always preferable to get advice from a professional. Most provincial and territorial bar associations offer referral services, and initial consultations are usually free or offered at a reduced price.
If you or your loved ones face domestic violence in Canada, you can refer to the catalog of services for domestic violence victims and find services working with victims in each province. Canada has numerous help centers and call centers with practicing psychologists who confidentially help deal with difficult life circumstances. In emergencies, call 911.
