Divorce Act - History of Divorce Law in Canada

History of Divorce Law in Canada

There was no uniform federal divorce law in Canada until 1968. Instead, there was a patch-work of divorce laws in the different provinces, depending on the laws in force in each province at the time it joined Confederation:

• In the three Maritime provinces, divorce was governed by laws enacted by the colonial governments prior to Confederation in 1867;

• In the four western provinces and the northern territories, divorce was available under the English Matrimonial Causes Act, 1857, which was incorporated into their local law in 1870 under the principle of the reception of English statute laws in a colony;

• In Quebec and Newfoundland up to 1968, there was no divorce law. The only way for an individual to get divorced in these provinces was to apply to the federal Parliament for a private bill of divorce. These bills were primarily handled by the Canadian Senate where a special committee would undertake an investigation of a request for a divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament.

• In Ontario, prior to 1930 there was no divorce law and individuals seeking a divorce similarly had to apply to Parliament for a private bill of divorce. In 1930, Parliament passed the Divorce Act (Ontario) which authorised divorces in the courts of Ontario for Ontario residents.

In 1968, Parliament passed the first Divorce Act which established a uniform divorce law across Canada. The 1968 Act widened the reasons for divorce from adultery to include mental or physical cruelty, desertion, separation for three years or having an imprisoned spouse.

In 1986, Parliament passed a new Divorce Act to modernise the law of divorce further. One change made was to reduce the separation period to one year.