History of Divorce Law

1857

In 1857, the Matrimonial Causes Act allowed a husband to get a divorce on the grounds of his wife's adultery. To do so, provided she could prove that her husband has committed adultery, rape, solomy, bestiality, bigamy or adultery associated with cruelty or desertion.

But, if a woman was divorced by a man due to adultery she did not get any legal rights to her children (if any).

1923

The Matrimonial Causes Act allowed women equal rights against men related to divorce for the first time ever.

This gave women the advantage to be happy and put an end to their unhappy relations.

1949

Legal Aid and Advice Act offered financial assistance in following the costs of solicitors and court fees.

This made it much more available and much easier for working people to afford the prices of divorce action.

1968

The Divorce Act of 1968. the concept of permanent marriage breakdown as a ground for divorce was introduced. While retaining flaw-based grounds for divorce. Prior to this there were no specific rules set in place besides that you needed proof and only the male could file against the woman.

The most important and repetitive being cruelty, desertion and adultery. fault-based and no-fault based were also combined in this act as purely fault-based grounds were controversial. This was also when filing for divorce became available for women and men to do and therefore, removing the double standard.

1976

The Reform Law Commission of Canada recommended that the only ground for a divorce in Canada should be a marriage breakdown. It also states that the establishment across the country of the Unified Family Court to who exclusively has jurisdiction over family law would be granted.

In order to reduce the hostility of the traditional marriage approach to divorce and promoting more constructive solutions of family disputes on separation, this is where the one ground of marriage break down comes in.

1894

This act, formerly known as the Matrimonial and Family Proceedings Act, allowed all couples to petition for a divorce after only 1 year of legally being together/married. Prior to this, it was 3 years before you could petition for a divorce. This change created a mass increase in the divorce rate from 1984-1985.

1985

The divorce act of this year changed that a court could assume the jurisdiction to deal with a petition for divorce. The first few sections in the Act state that the circumstances in which the court of whatever province will have authority to hear a petition for divorce.

Section 2 states a divorce will not be granted if both parties connive with one another. As well as, a divorce will not be granted until reasonable and lawful agreements have been made in the support of any children of the marriage. If a divorce is made around the basis of cruelty, it will also not be granted if there was/has been condonation on part of the petitioner

1996

Nothing could be found in this year regarding the Divorce Law but, the Family Law Act of 1996 states that it offers protection for victims of non-violent abuse in intimate and/or family relations.

This law act also ensures that victims are not threatened, intimidated, pestered, or harassed in any way the victim deems. They also ensure that the abuser(s) are not allowed to and do not instruct/encourage other to do anything on their behalf

2019

The Divorce Act of 2019 establishes a few things such as, changing the terminology related to custody as well as the terminology related to parenting, creating duties for both parties as well as duties for legal advisors, they simplify certain processes related to family support too.

They also enact the amendments of allowing the action of releasing information to help obtain a support provision and lastly, extending the binding period of "garnishee summons"

2021

In March of 2021, the Federal Divorce Act changed once again. The terms "custody" and "access" are not used in the divorce act anymore. It also settled that existing divorce court orders/agreements that were made before March 1st of 2021 stay in place.

If you are choosing to move either with or without you child(s) to another province or even across the GTA, you still have to request permission from your ex-spouse to relocate you child(s).