Divorce
proceedings in Canada can be a complex and emotional process. It is important
to understand the legal requirements and procedures involved in order to ensure
that the process runs smoothly and effectively. This blog will provide a
comprehensive guide on divorce proceedings in Canada, including information on
filing for divorce, grounds for divorce, and the steps involved in the process.
Filing for
Divorce in Canada
In Canada,
either spouse can file for divorce as long as they have been living in the
country for at least one year. To file for divorce, you must complete the
required forms and file them with the appropriate court. The forms required for
divorce proceedings in Canada include the divorce application, financial
statement, and an affidavit. You will also need to pay a fee to the court when
you file the forms.
Grounds for
Divorce in Canada
In Canada,
there is only one ground for divorce, which is the breakdown of the marriage.
This can be proven by showing that the spouses have been living apart for at
least one year, or by showing that one spouse has committed adultery or
cruelty. If one spouse does not agree to the divorce, they may contest the
divorce, but it is still possible to obtain a divorce if the other spouse can
prove that the marriage has broken down.
Steps
Involved in Divorce Proceedings in Canada
Once the
divorce application has been filed, the following steps are involved in the
divorce proceedings in Canada:
Service of
the divorce application: The divorce application must
be served on the other spouse. This can be done by mail, personal service, or
substituted service.
Response to
the divorce application: The other spouse has 30 days
to respond to the divorce application. If they do not respond, the divorce can
proceed without their input.
Filing of
Financial Statements: Both spouses must file
financial statements with the court. These statements provide information on
the assets and liabilities of the spouses, and are used to determine the division
of property and support payments.
Negotiating
a Separation Agreement: The spouses can negotiate a
separation agreement that outlines the terms of the divorce, including the
division of property, support payments, and custody arrangements.
Appearance in
Court: If the spouses cannot reach an
agreement, they may need to appear in court for a hearing. The judge will make
a decision based on the evidence presented by both spouses.
Obtaining a
Divorce Order: Once the judge has made a decision,
a divorce order will be issued. This order legally ends the marriage and sets
out the terms of the divorce.
Conclusion
Divorce
proceedings in Canada can be complex, but with a proper understanding of the
legal requirements and procedures, the process can be made smoother and less
stressful. If you are going through a divorce in Canada, it is important to
seek the advice of a lawyer who can help guide you through the process and
ensure that your rights and interests are protected and for these service
contact our expert lawyer and solicitor Mr. Tahir Majeed who will guide you
throughout the process and make you that you come out of the court
successfully. For further information click HERE!