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ARTICLE · 06 OCTOBER 2023

Couple's Quickie 'Fraud' Divorce Complicates Attempt To Split For Real

Torkin Manes LLP
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In Canada, a divorce can be granted pursuant to the federal Divorce Act on the basis of a marriage breakdown. A breakdown is established on one of three grounds: separation for at least one year...

CanadaFamily and Matrimonial
Adam Black
Adam Black
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Trying to circumvent the legal requirements for obtaining a divorce has lasting consequences

In Canada, a divorce can be granted pursuant to the federal Divorce Act on the basis of a marriage breakdown. A breakdown is established on one of three grounds: separation for at least one year; adultery; or physical or mental cruelty. In practice, the most common ground is separation for at least one year.

To satisfy a judge that a couple has been separated for at least one year, one or both spouses must make a declaration to the court, usually in the form of a sworn affidavit, confirming their date of separation. But what happens if a couple wants a "quickie" divorce and falsely declares they have been separated for one year even though they have not? Justice Geoffrey B. Gomery of the Supreme Court of British Columbia encountered that issue during a case in July.

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