Adultery and Cruelty

At Paine Edmonds LLP, we understand that divorce is one of the most stressful experiences a person can face, especially when infidelity or cruelty is involved. While British Columbia operates under a “no-fault” divorce system, meaning that adultery and cruelty are rarely relevant to the legal outcome, these issues can still have emotional and practical implications. Our experienced family lawyers are here to guide you through the process and help you focus on what truly matters—your future.

The No-Fault Divorce System in British Columbia

In British Columbia, divorce is primarily based on the breakdown of the marriage, which can be established in one of three ways:

• Separation for One Year: The most common and straightforward ground for divorce.

• Adultery: If one spouse has committed adultery, the other spouse can apply for a divorce.

• Cruelty: If one spouse has been physically or mentally cruel, making continued cohabitation intolerable, the other spouse can apply for a divorce.

While adultery and cruelty can be grounds for divorce, they are generally not relevant to other issues, such as:

• Division of property

• Spousal support

• Child custody and access

Only in extreme cases, such as when cruelty affects a parent’s ability to care for a child, might these factors be considered.

The Emotional Impact of Adultery and Cruelty

Divorce is already one of the most stressful life events, and infidelity or cruelty can amplify the emotional toll. Studies show that:

• Adultery often causes significant emotional distress, particularly for women.

• Cruelty, whether physical or emotional, can leave lasting scars and complicate the divorce process.

While these issues are deeply personal, it’s important to separate the emotional process from the legal process. The legal system is not designed to address hurt feelings or assign blame, but rather to resolve practical matters like property division, support, and parenting arrangements.

Addressing Family Violence

Under British Columbia’s Family Law Act, family violence—whether physical, emotional, or financial—is taken seriously. If you or your children are at risk, it’s important to seek legal advice immediately. Our team can help you:

• Obtain protective orders.

• Ensure your safety and the safety of your children.

• Navigate the legal system with confidence.

Take the Next Step

If you’re facing a divorce involving adultery, cruelty, or family violence, the team at Paine Edmonds LLP is here to help. We’ll provide the legal expertise and emotional support you need to achieve a fair and practical resolution.

Contact Us Today to schedule a consultation with one of our experienced family lawyers. Let us help you focus on what truly matters—your future