Juristat

Highlights

The number of divorce cases in the seven reporting provinces and territories was just over 113,000 in 2010/2011. This figure represents more than one-third (35%) of all family law cases, or 12% of all civil court cases in these provinces and territories.

All divorces in Canada must go through a civil court in order to be legally recognized. There were almost 54,000 new divorce cases initiated in the seven reporting provinces and territories in 2010/2011, a decline of 2% from the year before.

The number of new divorce cases being filed in civil courts has been declining in the reporting jurisdictions for several years. Over the five-year period between 2006/2007 and 2010/2011, new cases declined 8% in six provinces and territories, steadily decreasing 2% each year (excludes Alberta since data were not available for part of the time period). Over the five-year period, declines ranged from a decrease of 4% in British Columbia to a 22% drop in Nova Scotia.

The majority of divorce cases (80%) being handled through courts in 2010/2011 were uncontested or cases where both parties were agreeing to the divorce and any related issues, such as support and child custody and access arrangements.

Divorce cases rarely reach the trial stage. A trial was held in only 1% of divorce cases in six provinces and territories in 2010/2011 (excludes Ontario since figures are not comparable).

Among divorce cases with a divorce judgment in six reporting jurisdictions, one-third (33%) reached this decision within three months after the divorce was first filed (excludes British Columbia since these data were not available in 2010/2011). In another 28%, the divorce was granted between three and six months after case initiation.