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.

Read more about this topic:  Divorce Act

Famous quotes containing the words history of, history, divorce, law and/or canada:

    The history of the world is the record of the weakness, frailty and death of public opinion.
    Samuel Butler (1835–1902)

    The second day of July 1776, will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated, as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires and illuminations, from one end of this continent to the other, from this time forward forever more
    John Adams (1735–1826)

    Anybody who’s been through a divorce will tell you that at one point ... they’ve thought murder. The line between thinking murder and doing murder isn’t that major.
    Oliver Stone (b. 1946)

    They are free, but not entirely free. For Law is despot over them, and they fear him much more than your men fear you.
    Herodotus (c. 484–424 B.C.)

    Canadians look down on the United States and consider it Hell. They are right to do so. Canada is to the United States what, in Dante’s scheme, Limbo is to Hell.
    Irving Layton (b. 1912)