Facts about divorce in Canada
Divorce is defined as the legal termination of marriage. A divorce may be granted for one of the following reasons: * the marriage has irretrievably broken down, and the two parties have been living apart for at least one year. * one party has committed adultery and one spouse is not ready to forgive the other. * one party has been cruel to the other. Cruelty may include acts of physical violence and those causing severe mental anguish as to render intolerable the continued cohabitation of the spouses. A person can apply for a divorce if:
* one is legally married in Canada or in any other country; * one intends to separate permanently from his or her spouse and believe there is no chance of getting back together, or one has already left the spouse and does not intend to get back together; and * if either or both of persons have lived in a Canadian province or territory for at least one year immediately before applying for a divorce. One does not have to be a Canadian citizen to apply for a divorce in Canada. To legally end a marriage, one needs a divorce, which is an order signed by a judge under the federal law called the Divorce Act. Divorce in Canada is therefore governed by the Divorce Act. Under the Divorce Act, a person does not need to prove that one party or spouse was at fault in order to get a divorce in Canada. If the reason are for requesting a divorce is marriage breakdown shown by one year of separation, either party can request a divorce. It really does not matter who decided to leave. However, if the reason for a divorce application is not marriage breakdown but adultery or mental or physical cruelty, one will have to have proof and/or witnesses of what happened. (www.divorceincanada.ca/; www.divorceonline.ca/) Why is this information important?
Knowledge is power and ignorance is no defence. It is important in this time and age for a person to be knowledgeable about issues that affect his or her life. Marriage is an important institution and a big step in the lives of people. It involves a life-time commitment. It is the basis of starting a family. The family is the nucleus of the human community, and family stability leads to social stability and progress. This is why divorce is painful and damaging to society in many aspects. Divorce does not cause marriage breakdown, unsatisfactory marriages do. Divorce in Canada is a legal act, a process of disengagement, a social act of individual redefinition and a social institution. (McKie et al., 1983) The Bible for instance is very clear about marriage. “For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder. Matt. 19:5-6. In God's plan for marriage, holy matrimony is considered an intimate union in which the spouses give themselves, as equal persons, completely and lovingly to one another. The Roman Catholic Church teaches that marriage is both a natural institution and a sacred union because it is rooted in the divine plan for creation. Islam considers marriage a covenant settled on mutual agreement and understanding between a man and a woman. Marriage in Islam differs from positive law in that the latter robs the marriage contract of its religious significance, while the Shariiah law (God’s law) considers marriage a basic question of religion in that it derives its rules from the core of religion and that religion urges on it. The purposes of a muslim marriage are; 1. To restrain sexual passion. 2. The ordering of domestic life. 3. The care and responsibility towards children. 4. The expansion of the family. Actually, traditional Islam allows men the institution of tetragamy, meaning that a Muslim man can have up to four wives. Marriage is seen from a different perspective than in Judaism and Catholicism....