faq

You may attempt to reconcile with your spouse if he or she is agreeable. The law dictates that one spouse may move towards dissolution without the consent of the other if one or more of the following claims can be established:

• Separation for one or more years
• Adultery
• Cruelty which has made ongoing cohabitation intolerable

Cases in which separation is the ground for divorce must adhere to the one-year timeline. Cases in which the grounds for divorce is something other than separation, such as adultery, may enter into divorce proceedings at any time after one or both spouses have decided to separate.

It is not necessary to have a separation agreement. However, the application process may be expedited if the issues surrounding your case have been finalized in a separation agreement prior to applying for divorce.

There is no law stating that you must wait until the finalization of divorce to become engaged with another person. Engagement is a verbal promise requiring no license, nor does being engaged generate the rights and responsibilities that come with marriage.

Before remarrying, you must get a new marriage license. In order to apply for a marriage license, you must get a Certificate of Divorce, which you may apply for after receiving your Divorce Judgment. Neither of these documents are necessary before becoming engaged.

Canada has a no-fault stance on divorce, so a new engagement should not affect your current divorce proceedings, or the outcome. The legal basis for divorce is the establishment of claims of adultery, separation of a year or more, or some form of cruelty that makes cohabitation intolerable.

This does not mean that an engagement before your divorce is finalized could not have consequences. If your ex-spouse feels spiteful, he or she may tamper with the process, prolonging resolution in one area or another, such as the division of property, spousal or child support, child custody, or visitation. An ongoing divorce can greatly hamper the enjoyment that should be a part of engagement and wedding planning. For peace of mind, you may wish to keep your engagement to yourself until you have received your Divorce Judgment.