Canada Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Canada.15 in-depth guides covering your rights, costs, and options.
Legal System
Common law (except Quebec: civil law)
Divorce Type
No-fault (1 year separation) or fault (adultery, cruelty)
Waiting Period
1 year separation for no-fault
Average Cost
CAD $200–$400 filing fee; total CAD $2,000–$50,000+
Property System
Varies by province: equalization (Ontario), family patrimony (Quebec), equal division (BC, Alberta)
Residency
1 year residence in the province where filing
Divorce Law in Canada: Overview
Canada has a split jurisdiction: the federal Divorce Act governs divorce itself (grounds, support, parenting), while property division is entirely provincial. This means the rules differ significantly across provinces — Ontario uses equalization, Quebec has family patrimony, and BC presumes equal division. The 2021 amendments to the Divorce Act replaced 'custody' and 'access' with 'parenting orders' and 'contact orders,' reflecting a child-centered approach. Spousal support follows the Advisory Guidelines (SSAG), which provide formulaic ranges but are not mandatory. Quebec is unique as a civil law jurisdiction where common-law partners have NO automatic property rights.
Key Legislation
Divorce Act (R.S.C., 1985, c. 3)
Federal law governing divorce, parenting orders, and spousal support.
2021 Divorce Act Amendments (Bill C-78)
Replaced custody/access with parenting/contact orders. Added family violence provisions.
Spousal Support Advisory Guidelines (SSAG)
Formulaic ranges for spousal support. Widely used but not legislation.
Provincial family law acts
Ontario: Family Law Act; Quebec: Civil Code; BC: Family Law Act 2013; Alberta: Family Property Act.
Grounds for Divorce
- ●No-fault: 1 year separation (most common — used in ~95% of cases)
- ●Fault: adultery (must be proven, not just alleged)
- ●Fault: physical or mental cruelty of such kind as to render intolerable the continued cohabitation
How to Divorce in Canada: Step-by-Step
1-year separation
Must live separate and apart for at least 1 year. Can be under same roof.
File application
At the provincial Superior Court. Filing fee varies by province ($200-$400).
Serve the other spouse
Must be personally served unless the court orders substituted service.
Financial disclosure
Both spouses exchange financial statements.
Negotiate or litigate
Try mediation, collaborative law, or arbitration before trial.
Divorce judgment
Court issues divorce judgment. Takes effect 31 days later (appeal period).
Recent Legal Reforms
Bill C-78: parenting orders replace custody/access; family violence definition added; relocation provisions.
BC Family Law Act gave common-law partners (2+ years) equal property rights.
SSAG updated: formulaic ranges for spousal support.
What Makes Canada Divorce Unique
- →Federal/provincial split: divorce is federal, property is provincial — rules differ across 13 jurisdictions
- →Quebec: civil law province where common-law partners have NO automatic property rights
- →2021 reform eliminated 'custody' language in favor of 'parenting orders'
- →SSAG provides formulaic support ranges but courts can deviate
- →Official bilingualism: proceedings available in English or French in all federal courts
Canada Divorce Statistics
~38% of marriages
Divorce rate
6-12 months (uncontested), 2-3 years (contested)
Average duration
~60% women
Who files
CAD $200-$400 depending on province
Filing fee range
Provincial Guides
Canada Divorce Guides
Canada Property Division
How assets and debts are divided
Canada Spousal Support
Maintenance and alimony
Canada Child Custody
Custody and parenting arrangements
Canada Divorce Process & Timeline
Steps and how long it takes
Canada Divorce Costs
Fees, costs, and legal aid
Canada Child Support
Financial support for children
Canada Uncontested Divorce
When both spouses agree
Canada Divorce Mediation
Alternative dispute resolution
Canada Divorce & Taxes
Tax implications of divorce
Canada Domestic Violence & Divorce
Safety and legal protections
Canada Prenuptial Agreements
How prenups affect divorce
Canada Legal Separation
Separation vs. divorce
Canada Contested Divorce
When spouses disagree
Canada Divorce with Children
Guide for parents
Canada Father's Rights
Equal parenting and custody
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Legal Disclaimer: This article covers Canada divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Canada for advice specific to your situation.