How Does Adultery Affect Divorce in Canada

Think your partner is causing adultery on you. We understand how pathetic it can be for you! The stress and disturbance it will cause you can’t be compared to any other incident.

However, you don’t have to undergo the pain alone in Canada, as legal help is available. Also, you are allowed to take divorce and start your life on your terms.

Still, wondering how does adultery affect divorce in Canada?

The following discussion will clear your confusion as you’ll know the legal consequences of adultery in Canada.

Adultery and Divorce in Canada

If your significant other cheats on you by having a physical relationship with anyone other than you, that will be considered adultery.

We know how much mental distress you are going through. Maybe we cannot help you entirely recover from that, or a psychologist can help reduce your mental stress. But you can surely take legal help against your partner and do justice to yourself.

While your partner doesn’t care about defamation or any other worst steps you obtain, why would you suffer for their actions? Recognizing the best for yourself, consider whatever does justice to you.

Adultery is a Ground for Divorce

Divorce in Canada is no-fault. The Divorce Act solely recognizes marriage dissolution as a basis for divorce. According to the Divorce Act, if even ONE of the following applies to you, you can demonstrate that your marriage has failed:

• Living apart for one year or more.
• Physical or mental abuse by a partner
• Adultery

As you see, adultery is a strong ground for divorce in Canada. In that case, the court will grant you an immediate divorce.

On the other hand, for other grounds, if you file for divorce based on a year of separation, you have up to 90 days to try to make things work. If situations don’t work out, you can move through with your divorce process.

You can get assistance from a lawyer with the facts that the court will weigh while determining whether to approve your separation.

Legal Consequences of Adultery in Canada

Let’s take a look at the legal consequences of adultery in Canada.

File a divorce

After living apart for about a year, you can file for divorce. In cases where you haven’t forgiven your partner for adultery or this is causing you distress, you can request a divorce.

But for that, you will present evidence of the adultery or torture you have endured. As soon as it is proven true, you can file for divorce on these grounds at any moment. However, with that evidence, you must bring a confession signed by your partner.

It is recommended to take help from a lawyer. It will allow you to get a trouble-free trial.

Get Financial Compensation

According to a contract or court ruling, your partner must assist you financially following a divorce. Spousal support is intended to assist in continuing to satisfy the financial needs of a financially dependent spouse for a particular time period.

Your spousal support agreement could be affected by adultery, but not every time. Whether or not your spouse has moved in with the lover will influence many things. Your partner might not pay financial compensation if they move in with their new partner.

Similar effects on child custody may result from adultery. Hence, only adultery won’t affect the custody. However, it can have an impact if it’s obvious that the child will spend much time with another parent.

The children’s history and conduct must be considered when custody arrangements. In this case, adultery is not exactly a plus.

Read Also: Child Benefits and How They Can Impact Spousal Support

Property Division

Although it may seem pretty harsh to you, the distribution of the property is not impacted by adultery. Throw off notions like “taking everything” or punishing your spouse by keeping a bigger share of the marital assets are not also applicable.

It will make things hard for both of you and delay your settlement. It will stretch longer and turn into a more costly divorce. Regardless of the circumstances, you must acknowledge that your spouse is entitled to 50% of the marital property.

Well, you might be able to enforce the additional effects on this matter to strengthen your negotiating position only if your partner’s residence is with their lover. Most of the time, your property distribution will still be near a 50/50 share.

How Do I Begin a Divorce Process?

Before you begin your divorce, you must get legal assistance from a family law specialist. A qualified advocate can clarify how the law applies to your particular circumstance and how you may take care of your privileges.

But before that, you have to file the divorce. For that –

• You have to fill out an application first.
• Present it in a courtroom.
• Pay the necessary fees to the court.
• Then follow the rules and given procedures accordingly.

To Conclude

We know how pathetic it can be to get cheated by your partner. You may have dreamt of having a healthy family, but now it’s all left with sorrows. However, you must not suffer that mental stress.

Instead, you should get a lawyer and do the needful so that you can get justice again by getting separated. It is a must that you will receive proper compensation for the damages you had.

Frequently Asked Questions

Can you be charged with adultery in Canada?

No. You won't be charged with adultery in Canada, but your spouse can use it as a ground for divorce if s/he wants.

Does wife get alimony if she cheated in Canada?

Adultery or any other form of cheating does not affect alimony. If you get cheated on by your wife, you no longer have to pay any alimony.

Can you sue your spouse for adultery in Canada?

Only in Alberta, you can sue the partner and the lover for adultery. Otherwise, you can file a divorce for adultery done by your spouse.

What proof do you need to divorce for adultery?

A video clip, photograph, and a written confession from your partner.You can not file a divorce only from the suspicion that your partner has committed adultery.