Role of Religion Protecting Your Family's Interests for Over 25 Years

The Role of Religion in Separation/Divorce

Religious Divorce & Legal Separation in Ontario

Separating spouses who are religious may also want to pursue a religious divorce, according to the tenets of their faith. Some religions do not permit divorce, while in others the power to grant the divorce rests with the parties themselves, and specifically with the husband.

Canadian courts will deal with your legal separation and all corollary issues regardless of what your faith dictates about your ability to separate, divorce, or remarry. Either spouse can apply for a divorce under Canadian law, or for property division, spousal support, or child custody. You are also free to remarry in a civil ceremony regardless of whether or not such remarriage is permitted in your religion.

Although Canadian law cannot interfere with religious customs or laws, and cannot grant a religious divorce, courts will prevent one spouse from using the religious divorce as a bargaining chip in the legal separation or divorce process. If you are trying to separate from your spouse and deal with corollary issues of support, property division, and child custody and access, but your spouse is withholding consent to religious divorce in order to influence the separation process, you can apply to the courts to intervene.

Federal & Provincial Law Regarding Religious Remarriage

Section 21.1 of the federal Divorce Act and section 2 of Ontario’s Family Law Act both stipulate that if one spouse is refusing to remove bars to religious remarriage, the other spouse can serve on the court and the offending spouse an affidavit stating what their spouse is doing. The other spouse then has either 10 or 15 days (depending on which Act the spouse relies on) to remove all bars within that person’s control, and to serve on the court an affidavit to that effect, or to file an affidavit outlining genuine religious or conscientious grounds for their refusal to remove religious barriers. If this is not done, the offending spouse can have their claims, or their defence, struck.

(Note: The court cannot enforce its authority in this manner if the power to remove the barrier resides in the hands of a religious body or official. This part of the Act is only applicable when the power to remove the barrier lies with the respondent.)

If religion is playing a role in your separation, divorce, or remarriage, Feldstein Family Law Group P.C. can provide experienced counsel. Our Ontario divorce lawyers can help you understand your legal rights and options and can work with you to achieve your goals.

To learn more, call (905) 581-7222. We serve Oakville, Markham, Vaughan, Mississauga, and the surrounding areas across Ontario.

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    Andrew Feldstein

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    Andrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.

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    Deleta Grandy

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    Deleta Grandy obtained her Bachelor of Arts in Legal Studies at the University of Ontario Institute of Technology in 2012, where she graduated with Honours. She completed her legal studies at Western Law School, graduating with a Juris Doctor in 2016.

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    Jeff Hart

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    Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.

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    Daphna Schwartz

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    Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
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    Nick Slinko

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    Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ...
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    Anna Troitschanski

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    Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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    Veronica Yeung

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    Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.

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    Shana Gordon-Katz

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    Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.

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    Shazia Hafiji

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    Shazia Hafiji joined Feldstein Family Law Group P.C. as a summer student in 2016 and returned as an articling student in 2017. Following her Call to the Ontario Bar in 2018, Shazia returned to the firm as an associate lawyer.

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    Lucy D'Ercole

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    Lucy D’Ercole joined Feldstein Family Law Group P.C. as a summer student in 2017 and returned as an articling student in 2018, during which she gained valuable experience in all areas of family law. Following her call to the Ontario Bar in 2019, Lucy was welcomed back to the firm as an associate lawyer.
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    Joy Pura completed her legal studies and obtained a Juris Doctor at the University of Ottawa. Prior to that, she completed ...
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