Moose Jaw Divorce Lawyer

How Does Adultery Affect Divorce in Canada?

Is Adultery a Crime in Canada: How Adultery Affects Divorce?

In Canada, most marriages end because one of the partners gets caught cheating or has an extramarital affair. While divorce is already tough for a spouse, adultery would make it worse.

Is adultery a crime in Canada? No, it isn’t a crime but it does have some social consequences. So, how does adultery affect divorce in Canada?

This article is a guide to understanding the different consequences adultery would have in divorce. More we will also explain why adultery is not a crime according to Canada law. So, let’s get started.

Adultery Law in Canada

Adultery refers to when a person’s partner has had sexual intercourse with a person of a different sex. For it to be termed adultery, there must be actual sexual activity. A simple hug or kiss will not constitute adultery.

Adultery is one of the reasons for divorce. While it is true that adultery is a possible reason for divorce, it has no influence on spousal maintenance, property distribution, child custody, or visiting rights. But in rare cases, lawyers use adultery for defence. This is because it is very tough to prove adultery as the plaintiff holds most of the evidence.

These aren’t important in court if you can catch someone red-handed or provide pictures or videos You might wonder if it’s possible to prove adultery. Yes, it’s definitely possible. But it would take more than a year to do so.

Is Adultery a Crime in Canada?

No, adultery is not a crime in Canada. In Canada, marriage is governed by federal law and adultery is not a criminal offense under the criminal code. Adultery refers to sexual relations between a married person and someone who is not their spouse. It is not illegal to engage in sexual relations with someone other than your spouse. However, adultery can be relevant in certain legal proceedings, such as divorce cases or proceedings involving the division of marital property.

In some cases, adultery may also be considered as a factor in the determination of spousal support or child custody. In such cases, a judge may consider the adultery of one spouse when deciding how to divide assets or award spousal support. However, the mere fact that one spouse has engaged in adultery is generally not enough on its own to justify a divorce or to affect the division of assets or the award of spousal support.

How Does Adultery Affect Divorce in Canada

You might think that adultery can affect the amount of divorce settlement. It’s already unjust that they are the victim, so giving them a proper settlement is necessary.

But many people tend to have a misconception that the settlement gets affected. It is obvious that it would be affected to some extent. In most cases, no direct causes create a stronger case. Eventually, you would have more chances to win the case.

Here are a few reasons how adultery can affect divorce in Canada:

Spousal support

In some cases, adultery can affect spousal support maintenance. It would, obviously, matter if your partner is living with the other person.

For example, a partner can move in with a new partner and eventually disagree with paying the spousal support amount. Usually, they have a logic that they are providing or receiving support from that new partner.

Strong evidence

If you want to process your divorce faster, you can use adultery as strong evidence. Partners often use this ground rather than other cases to get faster results. However, getting a divorce in Canada is not possible if you only have adultery as evidence.

Additionally, you should let the court know whether the other partner is involved in adultery and when such a situation occurred. Also, you should have to prove that you aren’t supporting infidelity.

Some partners acknowledge the situation and remain quiet. The court wouldn’t accept such situations as strong evidence. Therefore, it won’t be strong evidence of your divorce.

Property division

Adultery barely affects property division, which is unfair in some situations. According to the rules and regulations, you will get 50% marital property. Additionally, there are some other things that you will receive.

For example, your partner can live with a new partner. So, you can use this to bargain and make your case stronger. Eventually, you have more chances to get a 50/50 property division.

Child Custody

According to Canadian law, your history doesn’t affect child custody. However, a violation will affect the visitation or custody. So, you should understand that adultery wouldn’t have an effect on child custody. Additionally, the child support amount would also stay the same.

Adultery as a Ground for Divorce Under Canadian Law

Adultery is when one of the partners has an affair that the other does not approve of. Keep in mind that a judge can conclude that a spouse who has been accused of adultery did not deny the accusations or refute the accuser. The spouse did not make any additional claims, so this is true.

But let’s say the spouse who is convicted of adultery refutes the charge. In that situation, the other spouse will need to convince the court that this is the reason for the divorce.

There are several grounds for a divorce apart from adultery. Like, you will be eligible to file for divorce if your partner engages in any extreme behavior that is not natural or expected. You must demonstrate that unfair behavior occurred in this situation in order to file for divorce, and you must also show that there are no other grounds for divorce.

You may also file for divorce if you and your spouse have been living apart for the past two years with an agreement or the past five years without any agreement.

How Do You Prove Adultery in a Divorce?

You require to satisfy the court that adultery has taken place. The 3 ways through which you can prove adultery in a divorce are:

  • The accused spouse admits to adultery
  • The other partner (who isn’t your spouse) admits the adultery
  • The innocent spouse has convincing evidence that there’s adultery.

It’s not easy to catch someone red-handed. But when there are proper circumstances and facts, the court will consider that adultery was present.

How Can a Spouse Sue for Adultery in Canada?

Adultery itself isn’t illegal. However, in some cases, you can sue your spouse for adultery in Canada.

Some of the reasons are:

  • Live apart or separate for 1 year or more
  • Involved in adultery
  • Suffering from physical or mental abuse

Therefore, you can get an immediate divorce if there’s adultery in your relationship. Sometimes, partners tend to forgive and consent to the situation, resulting in staying together and not having a divorce.

What to Consider About Adultery While Filing for Divorce?

If you’re filing for divorce based on adultery, there are a few things that you need to consider. Here are a few things you should know:

  • It’s necessary to have strong evidence that your statement is true
  • You can’t doubt about proving the claim
  • Adultery or cheating is strong evidence to file for divorce
  • Whether it’s for a short or long time, you were involved in adultery is a big issue
  • The spouse was involved in adultery before appealing for divorce
  • When there’s sexual intercourse between a spouse and another person, then it is adultery.
  • Know that the other spouse can’t is any of the spouses.

Five Facts You Need to Know About Adultery

If there’s adultery, then the court will grant your divorce in Canada. So, it is a very straightforward issue that adultery can result in divorce. Over the years, adultery has affected a lot of cases.

So, here’s a list of some things you need to know about adultery:

  • Adultery occurs when there’s sexual intercourse out of marriage. This would mean violating the marital bond and causing mental stress for the other spouse.
  • Whether long-term or short-term, if there’s sexual intercourse, it would be defined as “adultery.” Eventually, this could be another reason for divorce in Canada.
  • It’s not necessary that adultery required to be done with different sex partners. It can happen even between same-sex partners.
  • The court will condone adultery when there are other situations. Sometimes, one spouse can be out of love or has no desire to work the marriage. Eventually, they commit adultery or cheat on the other spouse. In such situations, the innocent spouse should accept that adultery happened for divorce.
  • Whether it’s the spouse or outsider, an affidavit of adultery can help the purpose of the Divorce Act.

Final Verdict

By now, you are clear about “how adultery affects divorce in Canada.” Obviously, it is heartbreaking when someone chooses to cheat, even when they’re in a loving relationship.

As adultery is strong evidence in divorce, you can process filing for divorce much faster. However, to get the best results, you should take the help of lawyers.

From court issues to paperwork, they will help you in various steps. Also, you can sit back and deal with your mental stress while they take care of the other issues.

Frequently Asked Questions

Is adultery grounds for divorce in Canada?

One of the recognized reasons for divorce in Canada is adultery, but it must be the other party’s fault; a spouse cannot seek a divorce based only on his or her own adultery.

Can I sue my wife for adultery in Canada?

The other spouse has the right to file for divorce under the Divorce Act as long as the adultery was committed by one of the spouses.

Is adultery a crime in Canada?

Adultery is not a crime. It has an effect on divorce but has no influence on any aspect of separation.

What are the consequences of adultery?

Adultery leaves behind emotional scars of regret, fear, and anxiety. The participants are depressed, have broken personalities, and lack self-worth. Unresolved emotional problems can increase the risk of dying young.

How soon can I divorce after adultery?

after discovering the infidelity. It must be your partner’s infidelity, not your own. Your spouse must have had sex with the opposite sex.

Will adultery affect divorce settlement?

Which could surprise you is “no.” When filing for divorce due to adultery, injured parties may believe they are entitled to a larger monetary settlement.

Scroll to Top