Posts Tagged "divorce refusal"

When can a court refuse to grant a divorce?

Posted by on Oct 13, 2014

When can a court refuse to grant a divorce?

In most cases, once a couple has proved on acceptable grounds that their marriage has irretrievably broken down the court does not have discretion to then refuse to grant them an order of divorce. One exception to this rule, however, is outlined in section 5A of the Divorce Act. This section says that if the court believes that, despite the granting of an order of divorce, either one or both of the spouses will not be free to remarry because of religious conventions unless the marriage is also dissolved in accordance with their religion’s requirements or a barrier to re-marriage of either...

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