Let’s talk divorce.
In Canada, the nuclear family is no longer the dominant statistic. Many people live in common-law unions, some without children, and others have experienced multiple divorces or separations, and the laws are shifting constantly.
According to Statistics Canada, divorce rates have been declining since 1991, with a notable drop between 2019 and 2020. While fewer marriages may partially explain this trend, the complexity of modern relationships plays a significant role.
The Evolution of Divorce in Canada
The Divorce Act of 1968 simplified the process, eliminating the need for petitioning Parliament. Amendments in 1986 further streamlined divorce, reducing the mandatory separation period to one year and establishing no-fault divorce based on marital breakdown, which includes:
- One-year separation
- Physical or mental cruelty
- Adultery
Applicants must be legally married in Canada or in a country where Canada recognizes the marriage, and at least one spouse must reside in the province or territory where the divorce is filed.
Note that Canada has no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown.
Common Reasons for Divorce
Statistics Canada stopped recording the grounds for divorce after 2005, but data from earlier years and surveys reveal common causes:
- Money Issues: 68%
- Infidelity: 60%
- Family Disagreements: 36%
- Compatibility Issues
- Unproductive Arguing
- Lack of Intimacy
Divorce Statistics in Canada
As of 2021, Canada had 2.74 million divorced individuals over the age of 15, including those in common-law unions. The crude divorce rate is 2.1 per 1,000 people, with a notable rise in “grey divorce” among those over 50.
Age and Divorce Rates
The divorce rate is highest for individuals aged 40 to 44 and lowest for those under 20 and over 50. Interestingly, more people over 50 are divorcing, while rates among younger age groups are declining.
Gender and Divorce
Historically, women have a slightly higher divorce rate than men, particularly in younger age groups. However, men tend to file for divorce more frequently later in life.
New Relationships Post-Divorce
People aged 35 to 64 typically start new relationships within 4.5 to 4.8 years after divorce, with a significant portion entering common-law unions before remarrying. Subsequent relationships often last over a decade.
The Cost of Divorce
Divorce can be costly. An uncontested divorce averages $1,860, while contested cases can exceed $20,000. Additional fees apply for trials, separation agreements, and support arrangements.
A note on Prenups
Prenuptial agreements are no longer just for the wealthy and perhaps due to the rising cost of living and housing crisis, are becoming increasingly popular among millennials marrying later in life and people entering their second marriages.
FAQs on Divorce Stats in Canada
Who can sue for divorce in Canada? Anyone legally married in Canada or in a country where Canada recognizes the marriage can apply for divorce, provided one spouse resides in the filing province or territory and proof of marriage breakdown is presented.
Can you get a divorce in Canada if only one partner wants it? Yes. Initiating a divorce indicates marital breakdown, but a one-year separation period is required unless physical or mental cruelty is proven.
Can you apply for a divorce in Canada if you are not a citizen? Yes, if you have resided in Canada for at least a year and were married in Canada or in a country where the marriage is recognized.
Stay tuned for our next blog, Should I hire a Private Investigator for my divorce?
