By Camille Boyer, Senior Family Lawyer at Crossroads Law, Calgary
Divorce is often a tough and emotional process, but understanding how it works legally can help you navigate it more smoothly—and even speed things up.
When most people think about divorce, they think about everything at once: Who will take care of the kids? What happens to the house, our savings, and the car? Will I have to pay child support?
But legally speaking, divorce is actually a standalone issue. Things like parenting time, property division, and support are all separate matters that often take longer to resolve. If you want to finalize your divorce faster, one option is to deal with those other issues separately—a process lawyers call “severing corollary relief.” In simple terms, this means moving ahead with the divorce while working out the rest later.
This guide will break it all down: what’s required to get a divorce, what corollary relief means, how to separate it from your divorce, and what factors the court considers.
What Do I Need to Get Divorced?
The Divorce Act sets out the legal requirements for getting divorced in Canada. To be granted a divorce, you must meet the following criteria:
1. Grounds for Divorce – The law recognizes three reasons, or grounds, for divorce. The person filing must prove that at least one of the following applies:
- You and your spouse have been living separate and apart for at least one year.
- Your spouse has committed adultery.
- Your spouse has been mentally or physically cruel, making it impossible to live together.
2. Residency Requirements – To apply for divorce, either you or your spouse must have lived in the province where you are filing for at least one year before applying for divorce.
3. Reasonable Arrangements for Children - If you have children, you must show that reasonable arrangements are in place for their care and financial support. Courts won’t grant a divorce unless they’re satisfied that children’s needs are being met.
What is Corollary Relief?
Corollary relief refers to the related issues that need to be resolved in a divorce, such as:
- Child Support – Payments to help cover the costs of raising children after separation.
- Spousal Support - Payments from one spouse to the other to help with financial stability after the marriage ends.
- Division of Property - Splitting family assets and debts, such as homes, joint accounts, cars, and loans.
These issues are usually addressed at the same time as the divorce to make sure everything related to the dissolution of the marriage is settled. However, the issues can be separated or “severed” by the court, when appropriate.
What Does It Mean to Sever Corollary Relief?
Severing corollary relief means separating the divorce itself from other issues—like child support, spousal support, and property division—so the divorce can move forward without waiting for everything else to be settled. In other words, you can finalize your divorce first while those other matters are still being worked out.
Unfortunately, resolving the corollary relief issues—whether through court, settlement, or mediation—can take a long time. Some people spend years in litigation before everything is resolved, while others may delay settling or take longer to start the divorce process. As time passes after separation, one or both parties may want to finalize the divorce, even if other issues are still unresolved. For example, one person may have met a new partner and want to remarry—but they can't do so until the divorce is official.
Why Am I Required to Sever Corollary Relief Before I Can Get a Divorce?
Severing corollary relief is sometimes necessary when one spouse needs the divorce finalized quickly—for example, to remarry or due to personal circumstances. This often happens when the other spouse is delaying the process, but it can also be due to long, complicated legal proceedings or delays from both parties. By severing corollary relief, the court can grant the divorce without waiting for other issues to be resolved, which might otherwise take a long time.
This is especially challenging when there are unresolved issues, particularly those involving childcare and support. These disputes can drag on for years, making it impossible to get divorced unless the divorce is separated from the other legal matters.
What Information Will the Court Review to Decide Whether to Grant My Application to Sever the Divorce?
When deciding whether to allow a divorce to be separated from corollary relief, the court will consider whether it would be fair based on the unique factors of each case. The recent 2024 case of De v. De outlines a few key factors the court may consider when determining fairness, including but not limited to:
1. Length of Time Since Separation - How long the parties have been separated can affect the court’s decision. A longer separation may support severance, while a shorter one could suggest that severance isn’t necessary or reasonable. In De v De, the court noted that once the required waiting period for divorce has passed, spouses have the right to end their marriage - unless there is proof that doing so would be unfair or inappropriate.
2. Desire or Need to Move On – If one party needs to move forward – such as wanting to remarry or facing significant hardship due to delays – this could justify severing the divorce from corollary relief. In De v De, the court clarified that the person requesting severance doesn’t need to prove urgency or a good reason. As long as the legal requirements for divorce have been met, both parties have the responsibility to argue whether severance would be fair. Any claims of urgency or hardship will be weighed against the other factors in deciding whether to grant the severance.
3. Conduct of the Proceedings – The court will look at whether either party has caused delays, been uncooperative, or engaged in other litigation misconduct. Courts are more likely to sever corollary relief if the delay is due to the respondent’s lack of cooperation, and less likely to sever if the applicant or both parties are responsible for the delay.
4. Loss of Legal Entitlements - The court will consider whether severing the corollary relief would cause one party to lose important legal entitlements, such as health or insurance benefits.
5. Impact on Rights in Another Jurisdiction - If severing the divorce would prejudice or impact either party’s legal rights in another jurisdiction, the court may be reluctant to grant the application.
6. Using Divorce as Leverage - Courts recognize that delaying a divorce can sometimes help ensure compliance with court orders. However, they will not allow one party to withhold a divorce simply to pressure the other into settling or compromising.
Factors from De v De
In the case of De v De, Mr. De applied to sever corollary relief to speed up his divorce. The court granted his request based on several key considerations:
- Time Since Separation - The couple had been separated for six years, and there was no sign that the unresolved issues would be settled anytime soon.
- Urgency and Hardship - Mr. De was living alone overseas and struggling with extreme loneliness. He also couldn’t live with his new partner until the divorce was finalized. While urgency and hardship aren’t required to justify severance, when they exist, they can strengthen the case.
- Financial Support - Both spouses had significant assets, and Mr. De had been paying substantial monthly support to Ms. De. The court noted that a final child support determination isn’t required to prove reasonable arrangements have been made for children. In fact, the Divorce Act recognizes that severance can happen before all financial matters are resolved.
- Delay Tactics and Using Divorce as Leverage - The court found that Ms. De had been delaying the proceedings and wasn’t actively working toward a resolution. The judge specifically stated that divorce could not be “ransomed” to force a particular dispute resolution process, such as mediation or arbitration.
While each case is unique, the court is more likely to approve severance if:
- One party is experiencing significant personal hardship due to delays in finalizing the divorce.
- There is a demonstrated need to remarry or move forward with life quickly.
- The other party is deliberately dragging out the process to stall the resolution of corollary issues.
On the other hand, the court may be less likely to allow severance if:
- There are unresolved issues that could seriously harm one party if not addressed before the divorce is granted.
- The party requesting severance hasn’t shown that reasonable arrangements have been made for the children’s care and support.
- The court believes severance would be used as a way to avoid or delay financial responsibilities.
Severing corollary relief can be a helpful way to speed up a divorce when circumstances require it. However, it's important to understand the legal implications and ensure it’s the right approach for your situation. Given the complexities involved, consulting a lawyer is always a good idea.
At Coach My Case, we have extensive experience helping clients assess whether severing corollary relief is the right move. We guide them through the process, provide the information they need, and help them build a strong case for the court.
If you’re looking to finalize your divorce sooner and want to explore this option, book a free 20-minute consultation with us today to see if it’s the right strategy for you.
