Can a divorce be split from all other claims in a family law matter?

According to Rule 12(6) of the Family Law Rules and section 11(1)(b) of the Divorce Act, a divorce may be split from all other claims (ex: support, custody, and access) if neither spouse will be disadvantaged by such an order and if reasonable arrangements have been made for the support of the children.

A spouse may be disadvantaged by the granting of a divorce order in different ways. For example, the granting of an order for exclusive possession can only be made with respect to a “spouse,” so the granting of a divorce order may disentitle one of the parties to the special protections relating to a matrimonial home under Part II of the Family Law Act.

The request to split a divorce should be brought by a motion for summary judgment under Rule 16 of the *Family Law Rules. *

After the order splitting the divorce is granted, the moving party may continue with the paperwork to obtain a divorce order. The order confirming the splitting of a divorce should include a clause, which outlines that the remaining issues continue as a corollary relief proceeding.