Divorce (3:IV): Difference between revisions
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Collusion is, simply put, both parties conspiring to obtain a divorce. A more expansive definition can be found in s 11(4) of the ''DA''. | Collusion is, simply put, both parties conspiring to obtain a divorce. A more expansive definition can be found in s 11(4) of the ''DA''. | ||
Collusion is an | Collusion is an ''absolute bar'' to a divorce on the grounds of cruelty or adultery. | ||
=== 2. Condonation === | === 2. Condonation === | ||
Condonation consists of forgiving a marital offence that would otherwise be a ground for divorce. There are three requirements: knowledge of the matrimonial offence by the claimant; forgiveness of the offence; and actual reinstatement of the relationship. A single attempt or a | Condonation consists of forgiving a marital offence that would otherwise be a ground for divorce. There are three requirements: knowledge of the matrimonial offence by the claimant; forgiveness of the offence; and actual reinstatement of the relationship. A single attempt or a series of attempts at reconciliation totalling less than 90 days does ''not'' qualify as condonation. | ||
Condonation is a | Condonation is a ''discretionary bar'' to a divorce. If the matter is raised, the onus is on the claimant to disprove it. | ||
=== 3. Connivance === | === 3. Connivance === | ||
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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 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 | Connivance is a ''discretionary bar'' to a divorce, similar in effect to condonation. | ||
=== 4. Discretion of the Court === | === 4. Discretion of the Court === | ||