Introduction
Part of the Family Structure group of Concepts, Divorce discusses the definition and data methodology around Divorce and how it is represented in MCHP data.
Definition and additional background information
-
Divorce is a legal proceeding precipitated by the breakdown of a Marriage.
-
Separation of one year or more (defined as living separate and apart)
-
Adultery
- Physical or mental “cruelty”
In Manitoba, Divorce is regulated by Family Law. According to the Manitoba government ( Manitoba Government - Family Law web page - https://www.gov.mb.ca/familylaw/relationships/divorce.html ) “Federal law applies to married spouses who are seeking a divorce and is the same throughout Canada. When a court grants a divorce, the marriage is ended. The Divorce Act sets out how a divorce can be obtained. It also deals with matters related to divorce, such as parenting arrangements and financial (child and spousal) support. The Divorce Act provisions on parenting arrangements and support are currently very similar to the provincial laws in these matters. Recent amendments to the Divorce Act (anticipated to come into effect March 1, 2021) will make some changes to the law and terminology respecting parenting arrangements. This will be somewhat different than under Manitoba law (The Family Maintenance Act).
Spouses cannot obtain a divorce simply by agreeing to it. The court must be given proof that marriage breakdown has occurred. Marital breakdown is the sole ground for Divorce, but can be established in any of three ways:
As it is a legal concept, the only definitive source of information on Divorce is a Certificate of Divorce issued by a Family Court.
Divorce is a term only applicable to legal marriages. Common-law unions , if registered with Vital Statistics, can only be terminated by registering dissolution after the couple has lived apart for at least one year. If not registered with Vital Statistics, Common-law union can be terminated by mutual agreement or by the passage of time while living separate and apart.
Methods
-
Registry
It is not possible to accurately define Divorce using Registry data. The end of a marriage as observed in the Registry may not necessarily represent a legal Divorce, although it may be a factor in living ‘separate and apart’ as financial and other ties are severed.
It may be possible, however, to infer Separation from the end of a marriage or common-law union based on Registry data. More details can be found under the Separation - Family Structure concept.
Cautions/Limitations
-
The end of a marriage as defined by the Registry should not be used as a substitute for a definitive determination of Divorce through a Family Courts’ Certificate of Divorce.
-
Since marital status in the Registry is self-reported, it is uncertain whether a change in marital status after a marriage represents a divorce or a separation.
- Divorce only applies to legal marriages. Dissolutions of common-law unions, although important from a family history perspective, are not captured.