It does not govern property issues or issues of personal safety, which are matters within the exclusive jurisdiction of the provinces. Those matters are dealt with under provincial statutes such as The Family Maintenance Act or The Marital Property Act. Applications under those statutes can be joined with a Petition for Divorce and, generally, will be heard together.

Filing for Divorce

Either party can file for divorce at any time, even before physically separating, but the decree, except in rare cases (Adultery and cruelty), will have to wait until there has been a separation of at least one year. If something needs to be settled immediately, such as custody or support, the court can grant an Interim Order. All the relief, except the divorce itself, is available on interim application.

On divorce, the court will look into the related issues of custody, access, child and spousal support, as well as property issues.

Grounds For Divorce

There is only one ground of divorce, marriage breakdown, which is proven usually by one year of separation. Adultery and cruelty are also available to prove marriage breakdown, but these are rarely used and usually for tactical purposes only. There is little to be gained by alleging cruelty or adultery, unless there are no contested issues, the parties are prepared to co-operate and someone is in a hurry to remarry.

A divorce can be granted after one year of separation. Once a divorce petition is filed, the court can grant an order dealing with child or spousal support, custody and access issues, and related relief under the Family Maintenance Act, The Family Property Act, The Law of Property Act and common law applications.

The Hearing

Usually the court will require testimony in a court room to grant the divorce and, in particular, will want to be satisfied that appropriate arrangements have been made with respect to child support. The court has a duty to refuse the divorce unless it is satisfied with those arrangements.

If the divorce is uncontested, the court will deal with it at a short hearing, or in the absence of the parties by way of affidavit evidence.

Affidavit Divorces

The court will hear uncontested divorces on affidavit evidence where the divorce and items of corollary relief are agreed upon. No appearance is required. The court requires that the affidavit meets certain criteria as set out in the Queen's Bench Rules.

Attached to the affidavit will be the various exhibits to prove the necessary services, the marriage certificate, prior orders between the parties, financial information to satisfy the requirements of proving reasonable child support arrangements, copies of agreements, etc. The court requires that draft divorce judgments and corollary relief judgments, and envelopes to mail the divorce judgment to both parties, be filed when the matter is set down for hearing.

Certificate of Divorce

Thirty-one days after the divorce is granted, either party may re-marry. A Certificate of Divorce is available from the court as proof. It is suitable for framing and is evidence of the divorce, particularly useful when applying for the new license.