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Divorce Act (Canada)
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Divorce Act (Canada)
The Divorce Act (French: Loi sur le divorce) is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce.
There was no uniform federal divorce law in Canada until 1968. Instead, there was a patch-work of divorce laws in the different provinces, depending on the laws in force in each province at the time it joined Confederation:
With Confederation in 1867, the federal Parliament was given exclusive jurisdiction over the law of marriage and divorce. However, Parliament did not initially use this power to create a comprehensive divorce law, being content to make specific changes to the pre-Confederation law.
The English Matrimonial Causes Act 1857 provided that a husband could sue on grounds of adultery alone, but a wife would have to allege adultery together with other grounds. That rule applied in those provinces that had adopted the English Act. In 1925, Parliament provided that in those provinces, a wife could sue on grounds of adultery alone.
In 1930, Parliament extended relief to deserted wives, by providing that, in the provinces where divorce was available, they could pursue proceedings on the grounds of desertion, so long as there had been separation from the husband for at least two years.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories).
The only way for an individual to get divorced in the provinces where there was no divorce law—as well as in cases where the domicile of the parties was unclear—was to apply to the federal Parliament for a private bill of divorce. These bills were primarily handled by the Senate of Canada where a special committee would undertake an investigation of a request for a divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament.
In 1963, provision was made for the Senate of Canada to be able to dispose of parliamentary divorce petitions by way of resolution instead of by a private Act.
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Divorce Act (Canada)
The Divorce Act (French: Loi sur le divorce) is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce.
There was no uniform federal divorce law in Canada until 1968. Instead, there was a patch-work of divorce laws in the different provinces, depending on the laws in force in each province at the time it joined Confederation:
With Confederation in 1867, the federal Parliament was given exclusive jurisdiction over the law of marriage and divorce. However, Parliament did not initially use this power to create a comprehensive divorce law, being content to make specific changes to the pre-Confederation law.
The English Matrimonial Causes Act 1857 provided that a husband could sue on grounds of adultery alone, but a wife would have to allege adultery together with other grounds. That rule applied in those provinces that had adopted the English Act. In 1925, Parliament provided that in those provinces, a wife could sue on grounds of adultery alone.
In 1930, Parliament extended relief to deserted wives, by providing that, in the provinces where divorce was available, they could pursue proceedings on the grounds of desertion, so long as there had been separation from the husband for at least two years.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories).
The only way for an individual to get divorced in the provinces where there was no divorce law—as well as in cases where the domicile of the parties was unclear—was to apply to the federal Parliament for a private bill of divorce. These bills were primarily handled by the Senate of Canada where a special committee would undertake an investigation of a request for a divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament.
In 1963, provision was made for the Senate of Canada to be able to dispose of parliamentary divorce petitions by way of resolution instead of by a private Act.
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