BARS TO A DIVORCE

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 better served by granting the divorce.