Canadian Divorce Law

Case Study # 101337

Canadian Studies
Law > Family
Women Studies
Women Studies > Marriage

This paper is a case study, which explores Canadian divorce law as applied to the rights of a woman whose 17-year old marriage is being terminated.

1,105 words () | 6 sources | MLA | 2007 United States

Paper Summary:

This paper explains that, because Canadian law seeks, as a general rule, to reward the efforts of the spouses equally vis-a-vis the allocation of the marital goods, it seems fairly evident that the woman should receive half of everything acquired by her husband over the course of their marriage. The author points out that this ruling includes a "fair" portion of the former husband's pension if that was something he was able to secure after their marriage unfolded. The paper argues that the spouse took care of the children and has been out of the workforce for nearly two decades; therefore, it would be patently unfair to leave her without some long-term means of support. The author stresses that she is every bit as entitled to enjoy the fruits of the husband's success as he is.

From the Paper:

"First of all, Canada has a 20-year old Divorce Act which clearly states that a divorce is permissible if the couple have been separated for at least one year. In that regard, there is really no way that either party can contest the decision to end the relationship even if one of them decides after the fact that they wish to keep things going; from Kate's perspective, any fears that Ben might turn around and contest the agreed-upon divorce at some point in the future appear to be ill-founded. In any event, Kate is still in a challenging situation - at least at first glance."

Sample of Sources Used:

"Canada Divorce Law." Divorceinteractive.com: The Comprehensive Divorce Resource. 2005. Divorceintractive.com, 14 Dec. 2006 <http://www.divorceinteractive.com/canada-divorce-law.asp?ID=346>
Duhaime's Canadian Family Law Centre. "Canadian Matrimonial Property Law: A Primer." Duhaime Law. 2004. 14 Dec. 2006 <http://www.duhaime.org/family/ca-matrp.aspx>
Duhaime's Canadian Family Law Centre. "Divorce Law in Canada: An Introduction." Duhaime Law. 2004, 14 Dec. 2006 <http://www.duhaime.org/family/ca-divor.aspx>
Duhaime's Canadian Family Law Centre. "Spousal Support under Canada's Divorce Act." Duhaime Law., 2004. 14 Dec. 2006 <http://www.duhaime.org/family/ca-divss.aspx>
Indian and Northern Affairs Canada. "Provincial/Territorial Law on Matrimonial Property." 23 Apr. 2004. 14 Dec. 2006 <http://www.ainc-inac.gc.ca/pr/pub/matr/ptm_e.html>