Reviews and recommendations are unbiased and products are independently selected. Postmedia may earn an affiliate commission from purchases made through links on this page.can be granted pursuant to the federal Divorce Act on the basis of a marriage breakdown. A breakdown is established on one of three grounds: separation for at least one year; adultery; or physical or mental cruelty. In practice, the most common ground is separation for at least one year.
In advance of the trial, the wife took the position that the relationship “should be treated as continuous despite the divorce.” At the trial, the judge alerted the couple that he was considering whether the divorce order should be set aside.
The wife went on to ask the judge to grant a new divorce based on the couple’s separation in 2017. Justice Gomery refused to do so, noting that he was not overseeing a divorce proceeding and that they could reapply for divorce in the proceeding initiated in 2004. Until they do so, the couple remains married to one another.
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