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Divorce in Canada

Divorce in Canada. How a divorce occurs. To get a divorce in Canada, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if: you and your spouse have lived separate and apart for one year with the idea that your marriage is over

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Divorce in Canada

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  1. Divorce in Canada

  2. How a divorce occurs To get a divorce in Canada, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if: • you and your spouse have lived separate and apart for one year with the idea that your marriage is over • your spouse has committed adultery (had sexual intercourse with someone else) and you have not forgiven your spouse • your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish

  3. Who can apply for divorce You can apply for a divorce if: • you were legally married in Canada or in any other country; • you intend to separate permanently from your spouse and believe there is no chance you will get back together, or you have already left your spouse and do not intend to get back together; and • if either or both of you have lived in a Canadian province or territory for at least one year immediately before applying for a divorce. • You do not have to be a Canadian citizen to apply for a divorce in Canada

  4. What is the difference between separation and divorce • Separation occurs when one or both spouses decide to live apart with the intention of ending their marriage. • A separation agreement is a legal document signed by both spouses which details the arrangements you have agreed on. In some jurisdictions, independent legal advice is required to make the document legally binding. • To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act.

  5. Marriage and Divorce Statistics • Average Age of Man at Divorce: 42 • Average Age of Woman at Divorce: 39 • Average Length of a Marriage: 14 years • Year of Marriage with the highest divorce rate: 3 • Percentage of Marriages expected to end in Divorce within the next 30 years: 36

  6. Cost of Divorce in Canada • A Do-It-Yourself (Uncontested Divorce) = 500 - 700$ Approx. • Lawyers Assisted Divorce (Uncontested) = 1500-2500$ • Full Service Collaborative Divorce with a Lawyer = 5000-10,000$ • Full Service Adversarial Divorce with Lawyer – 80,000$ and up

  7. Outcome: • In all cases settlement and compromise is the preferred approach. • The four contentious parts of divorce are: • Property • Children • Child Support • Animals

  8. Catch Phrases of Divorce • I need space • I need to find myself • I’ve fallen out of love • We’re at different stages • I’ve changes (it’s not you, its me) • I feel suffocated • It’s nobody’s fault

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