Ontario Barrister and Solicitor Practice Exam

Question: 1 / 400

What are grounds for divorce under the Divorce Act?

Adultery, cruelty, or separation for at least one year

The grounds for divorce under the Divorce Act in Canada are specifically outlined to provide clear and objective criteria for ending a marriage. Adultery, cruelty, and separation for at least one year represent the legally recognized reasons for initiating divorce proceedings.

Adultery refers to one spouse engaging in a sexual relationship outside the marriage, which can be proven by evidence and is a clear violation of marital vows. Cruelty encompasses both physical and mental harm inflicted on one spouse by the other, which can also justify the dissolution of the marriage. The ground of separation for at least one year signifies that the couple has lived apart, demonstrating a breakdown in the marital relationship without necessarily assigning blame. This process emphasizes the importance of evidence and the need to meet specific criteria rather than subjective or informal reasons for divorce.

The other options presented involve concepts that do not align with the legal grounds as established in the Divorce Act. For instance, custody issues and financial disputes are related to the process of divorce but do not serve as grounds for initiating the divorce itself.

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Custody issues, financial disputes, or mutual consent

Inability to communicate, infidelity, or relocation

Separation, abuse, or criminal activity

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