The Divorce Act, Canada governs the issue of divorce between married spouses. Generally, it provides for the divorce of married spouses, provided certain conditions are met:
- Either spouse must be “ordinarily resident” in B.C. for at least one year prior to the commencement of the divorce proceeding.
- There must be a “ground” for the divorce. The Divorce Act provides various grounds for divorce. They are as follows:
- The parties were living separate and apart at the time of the commencement of the divorce proceeding and have lived separate and apart for at least one year prior to the determination of the divorce proceeding;
- The spouse against whom the divorce proceeding is brought has, since the commencement of the marriage, committed adultery or treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
If there are children of the marriage, the Court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the Child Support Guidelines.
The Divorce Act also provides for issues of custody, access, child support and spousal support.