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Adultery is a ground for Divorce pursuant to the Divorce Act, section 8. However, Adultery is rarely used as a ground for Divorce and is rarely successful in Canadian jurisprudence. Adultery may be challenging to prove, it is a costly process, and it can be emotionally draining for the parties. The most common ground for Divorce in Canada is separation, defined as living separate and apart for at least one year. The non-adulterous spouse has…
Saturday, 21 January 2012 16:43

Gay Marriage

Last week, news headlines were full of questions and confusion over gay marriage after two women, one of whom lives in the UK while the other lives in Florida, applied for a divorce in Canada. The women had been married in Canada in 2005, but since neither the USA nor the UK recognize gay marriage, they were unable to get a divorce in their own countries of residence when they split up in 2009. Since…
Thursday, 12 January 2012 15:39

Cost Consequences in Family Law

In family law matters, there is a presumption that a successful party is entitled to costs after each step in the case.  In order to determine which party, if any, is entitled to costs and the amount of such costs; the courts consider the following factors found in Rule 24 of the Family Law Rules:the importance, complexity or difficulty of the issues;the reasonableness or unreasonableness of each party’s behaviour in the case;the lawyer’s rates;the time…
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