Can one spouse sue another in damages for causing the breakdown of the marriage?
One spouse cannot sue another in damages as a result of marital misconduct. The redressing of conduct in breach of a marital obligation must be exercised by way of an action in divorce or separation based on the recourses available on marriage breakdown under the Divorce Act and Civil Code of Quebec. A claim in damages may only be made by one spouse against another, either joined to an action in divorce or separation or by way of a separate independent action, if it is based on fault that does not have its origin in the breach of a marital obligation. Examples of this are theft by one spouse from another, assault causing bodily harm and the like. • Top • Removal of barrier to religious marriage The following question has been often asked: “I am contemplating asking for a divorce. My husband has mentioned in our negotiations to date that unless I agree to certain conditions that he wants to impose he will not grant me a Jewish religious divorce – known as the ghet. I have heard that the
