“8.(1) A Court of competent jurisdiction may, on application by either or both spouses, grant a Divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

Breakdown of marriage

(2) Breakdown of a marriage is established only if

(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the Divorce proceeding and were living separate and apart at the commencement of the proceeding; or

(b) the spouse against whom the Divorce proceeding is brought has, since celebration of the marriage,

(i) committed adultery, or (ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.”

Irreconcilable differences is not a ground for Divorce in Canada (this ground is often described in U.S. television). Please refer to the section below on “what is a separation date” to gain an understanding of what might constitute “separate and apart”.