Separation

Grounds

In Manitoba, there is no need to prove grounds for separation, referred to in legal documents as being “no longer bound to cohabit.” Any married person or common-law partner may separate and no reasons or grounds are required. This is referred as “no fault” separation or divorce.

Divorce

Filing for Separation or Divorce

A divorce is different from a separation in that divorce is a “change of status” which turns a married or separated person into a divorced person who, as a consequence, is then free to remarry.

Common-law couples don’t need a divorce.

The process is begun by the filing and serving of a Petition for Divorce or simply a Petition in common-law cases or where the parties don’t want a divorce.

No Fault Divorce

In Canada, divorce is “no fault” and there is only one ground for divorce, namely, “marriage breakdown.” Marriage breakdown can be proven by the separation of the parties for one year, or by proof of adultery or cruelty. Given the timelines that are usually involved, a claim for cruelty or adultery is rarely pursued unless someone is in a hurry to remarry.


Either party can file for divorce at any time, even before physically separating, but the decree, except in rare cases (adultery or cruelty), will have to wait until there has been a separation of at least one year.

Uncontested Divorce

The vast majority of divorces and separation cases are concluded on an uncontested basis, without the necessity of a trial or hearing.

While that doesn’t mean that the parties may not have issues that need to be resolved by the court on an interim hearing or by negotiation, the matters are usually tied up by the processing of an uncontested divorce by affidavit evidence.

Corollary Relief, or “What Happens on Separation and Divorce?”

Once proceedings are ready to be started, the petitioner, the one who commences the proceeding, will typically ask the court to deal with the issues of corollary relief, such as property division, occupation or sale of the family home; custody issues and support of children, spousal or common-law partner support; and protective or restraining relief. These are the issues that form the substance of the litigation and its resolution.

If the parties are able to settle their issues, the court will require evidence – given orally by one or more of the parties in a courtroom, or by affidavit – to grant the divorce. Prior to granting the divorce, the court is required to satisfy itself that 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. It will also want to be satisfied that the parties have considered reconciliation and are aware of the provisions in the law which support that.

Interim Relief

If something needs to be settled urgently or immediately, such as custody or support pending the trial, the court can grant an Interim Order. All the relief, except the divorce itself, is available on an Interim Motion. Please see the Fishman Beley Family Law Primer on Practice and Procedure for a more elaborate discussion of Interim Relief.

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, necessary when applying for a marriage license.

Disclaimer: all information contained on this website is subject to legal notices.

Fishman Beley Family Law Associates

812-363 Broadway

Winnipeg, MB R3C 3N9

Hours

Winter Hours
Monday – Friday: 9:00 AM - 5:00 PM

Summer Hours
Monday – Thursday: 9:00 AM - 5:00 PM
Friday: 9:00 AM - 1:00 PM

Send to a friend

Send the url of this page to a friend of yours

Created by

Legal notice