Presentation: Canadian divorce facts
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BEGINNING OF SLIDESHOW
SLIDE 1
Understanding Canadian divorce laws
SLIDE 2
Divorce laws in Canada
The main federal family law in Canada is theDivorce Act. The Act only applies to married couples who have divorced or who have applied for a divorce. But while the Act is a federal law, the processes for getting a divorce fall under provincial or territorial law.
Please note that Canada does recognize divorces from other countries, but only when the divorce was valid under the laws of that foreign country, and when one or both spouses lived in that foreign country for a year immediately before applying for divorce.
SLIDE 3
So, are you eligible for separation and/or divorce?
A separation occurs when a married or common-law couple decides to live apart because the relationship has broken down.
A divorce will be granted to married couples or to one spouse when there has been a breakdown of a legal marriage. The Divorce Act says a breakdown occurs when:
- spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding, and when spouses were living separate and apart at the commencement of the proceeding; or
- the spouse against whom the divorce proceeding is brought has, since celebration of the marriage, either: committed adultery (this refers to a physical relationship outside of the marriage, as opposed to an emotional relationship); or, has treated the other spouse with physical or mental cruelty that makes living together intolerable.
SLIDE 4
What if two spouses still live together, but are separated and want a divorce?
Perhaps two people still own a home together, but haven’t shared a room, paid bills together or shared social lives for some time. If they can prove this has occurred for at least one year, they may be eligible for divorce. A judge will decide based on the evidence presented.
SLIDE 5
Two types of divorce
Contested: A divorce case where the divorce, or one or more issues involved, is opposed or contested by one of the parties, according to Statistics Canada. These proceedings take longer and are more expensive.
Uncontested: A divorce case in which all issues are agreed on or are unopposed, says StatsCan. In these cases, both parties agree on the terms.
SLIDE 6
Will you have to deal with spousal or child support?
Provincial and territorial laws can affect how spousal and child support are dealt with. So let’s review the laws for [Insert the name of your client’s province or territory] to ensure you understand all of the rules that apply.
Click here for a breakdown of family law across Canada.
SLIDE 7
Life after divorce: some extra thoughts
- After a divorce, each spouse will have to get used to living on one income. So they need to put together post-divorce budgets and financial plans as soon as possible, and may want to consider short-term plans if they’ll miss work or have unexpected costs during proceedings.
- Insurance is also a consideration. Will new coverage be needed due to post-divorce financial restraints? Or, is additional coverage needed, such as property or critical illness coverage?
- If children are involved, both spouses should be clear on how the divorce will be talked about, and on how any care and financial arrangements will be handled and met.
- Spouses often name each other as beneficiaries in their wills and for other assets (e.g., registered plans and insurance). Let’s review your current estate plan and consider what you’ll want to revise.
SLIDE 8
Do you have any questions or concerns?
If needed, I have several checklists and resources that we can use to continue this discussion.
END OF SLIDESHOW