Conditions of Divorce Written on May 24, 2010, by T Dub Jackson.
The Canadian divorce laws are very simple and straightforward. Hence getting divorced in Canada is a very straight forward affair. As a student of law, the significance of Divorce Acts in a country has always fascinated me and the Canadian Divorce Act is in fact an exemplary model of how evolving society will give rise to new laws.
While working on this topic for my thesis during final year of law school, divorce has fascinated me. The studies have given me great insight into the parameters that evolve the laws of a country. This will help us understand laws such as divorce laws which will influence the society of tomorrow.
If the divorce laws are too stringent the impact is felt in the society. Similarly if the divorce laws are very inactive, marriages will fail and the overall health of society is affected. As a matter of fact, the divorce laws of Canada are very effective and getting divorced in Canada is not so difficult as some of the neighboring countries. Getting divorced in Canada is easier here while compared to the ordeals of divorce in some of the neighboring countries.
Either one of the spouses or both the spouses can establish that their marriage has broken down as per the present divorce laws. Further that the chances of them getting back together are nil, the court would admit such a plea for a divorce. But it will have to be proved before the concerned provincial court that either the couple has been living separately or that there has been cruelty either physical or mental by one spouse on the other or that there has been adultery in the marriage. If either of one of the conditions can be satisfied will getting divorced in Canada be a reality.
Historically these laws were also ridden with unnecessary sub clauses etc. The rules were very archaic and it was becoming increasing difficult for some of the victimized spouses to seek redressal legally. In most cases the women were the sufferers.
In identified steps the successive governments introduced legal reforms, especially empowering the women with educational grants, better job opportunities along with revamping the divorce laws. Almost all Canadian provinces have regional changes of these national divorce laws. Getting divorced in Canada today is possible because of the high effectiveness of these laws.
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