There are three types of proceedings under the Divorce Act: Divorce Proceedings; and Corollary relief proceedings; and Variation proceedings A divorce proceeding is one in which either or both spouses seek a divorce alone or together with a child support order, spousal support order, or custody order. A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding. A corollary relief proceeding is one in which either or both former spouses seek a child support order, spousal support order, or…

A breakdown of the marriage can only be established once the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined and are still living separate and apart at the commencement of the proceeding.

The Divorce Act contains three obstacles or “bars” to divorce. First, if the court finds there has been collusion, the court must dismiss the application. Second, if the court finds that reasonable arrangements for the support of the children have not been made, the granting of the divorce must be stayed until such arrangements have been made. Third, where the divorce is proceeding on a breakdown of the marriage based on adultery and the applicant has condoned or connived in the act or conduct complained of, the application must be dismissed unless in the opinion of the court the public interest would be…