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Difference between revisions of "Divorce (3:IV)"
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=== 3. Connivance === | === 3. Connivance === | ||
Connivance occurs when one spouse encourages the other to commit adultery or cruelty. There must be a “corrupt intention... to promote or encourage either initiation or the continuance... or it may consist of a passive acquiescence....”. Keeping watch on the other spouse does not constitute passive acquiescence: ''Maddock v Maddock'', [1958] OR 810 at 818, 16 DLR (2d) 325 (CA). | Connivance occurs when one spouse encourages the other to commit adultery or cruelty. There must be a “corrupt intention... to promote or encourage either initiation or the continuance... or it may consist of a passive acquiescence....”. Keeping watch on the other spouse does not constitute passive acquiescence: [http://canlii.ca/t/g14fn ''Maddock v Maddock'', [1958<nowiki>]</nowiki> OR 810 at 818, 16 DLR (2d) 325 (CA)]. | ||
Connivance is a '''discretionary bar''' to a divorce, similar in effect to condonation. | Connivance is a '''discretionary bar''' to a divorce, similar in effect to condonation. | ||
=== 4. Discretion of the Court === | === 4. Discretion of the Court === | ||