What does the Divorce Act mean by physical cruelty?

Over the years, case law has established that the cruel behaviour that will form grounds to end a marriage must be "grave and weighty" — in other words not a trivial incident.

On the other hand, the test that judges use to decide if behaviour is cruel is also a "subjective" test, meaning related to the circumstances of each case. The judge will consider if the behaviour by that spouse is cruel in the circumstances of that marriage.

In Canadian courts, there is very little tolerance for any physical violence at all by one spouse toward another — any physical violence is likely to be regarded by the judge as grounds for divorce.

see also: What is mental cruelty?

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June 2006

see also:

• More Divorce FAQs

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