Divorce & Separation Research with Casey

In Canada, the only ground for divorce is marriage breakdown, which can be established by one year of separation, adultery, or cruelty. The vast majority of divorces proceed on the basis of one year of separation, but courts have also considered the other grounds in contested cases.

Casey returns decisions explaining the three grounds for marriage breakdown under the Divorce Act, how courts handled applications based on adultery or cruelty without a separation period, the evidence required, and when courts granted divorce before one year had elapsed.

A separation agreement is a legally binding contract that sets out how the parties will handle property, support, and parenting after separation. Courts generally uphold these agreements but may set them aside if there was a lack of disclosure, duress, or unconscionability.

Casey surfaces rulings where courts set aside separation agreements due to incomplete financial disclosure, power imbalances, failure to obtain independent legal advice, or terms that were substantially unfair at the time they were negotiated.

Upon marriage breakdown, spouses are generally entitled to an equal division of net family property accumulated during the marriage. The calculation involves valuing assets and debts at the date of separation, with specific rules for the matrimonial home and excluded property.

Casey retrieves cases addressing the special status of the matrimonial home, how courts handled disputes over its value, the right of possession pending sale, exclusion claims for property brought into the marriage, and when unequal division was ordered due to unconscionability.

In addition to granting the divorce itself, courts can make corollary relief orders addressing child support, spousal support, and parenting arrangements. These orders can be sought at the time of divorce or at any point afterward if circumstances warrant.

Casey returns decisions on applications for corollary relief brought after the divorce judgment, the time limits and conditions for late applications, how courts balanced finality against ongoing need, and the circumstances that justified reopening support issues.

The divorce process involves filing an application, serving the other party, and satisfying the court that the marriage has broken down and that reasonable arrangements have been made for any children. The process differs depending on whether the divorce is contested or uncontested.

Casey surfaces rulings and procedural guidance on filing requirements, service of documents, mandatory information programs, case conferences, and the timelines courts applied from filing to the granting of the divorce judgment.

Pensions are often one of the most valuable assets in a marriage and must be divided upon separation. The valuation and division of pension entitlements can be complex, particularly for defined benefit plans, and courts have developed specific approaches for different types of pension arrangements.

Casey returns cases addressing pension valuation methods, the distinction between immediate transfer and if-and-when division, how courts handled pensions with both pre-marriage and post-separation accrual, and the treatment of early retirement subsidies and survivor benefits.