Can one spouse prevent the other spouse from obtaining a divorce if the first spouse does not want to be divorced and wishes for the marriage to continue?
The short answer is no, a divorce may be delayed but ultimately not stopped as a matter of public policy. In Canada, divorce is governed by the Divorce Act (Canada). Section 8 of the Divorce Act provides that a divorce may be granted by a court on the grounds that there has been a breakdown of their marriage. By far the most common ground for the breakdown of marriage is that the parties have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding. Nonetheless, Section 11 of the Divorce Act requires the court to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, and if such reasonable arrangements have not been made, the granting of the divorce may be stayed until proper child support arrangements are made. Section 11 prevents “quickie” divorces in situations where there are dependent children who requ
