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My wife can't have children anymore, can I divorce her?

Anonymous Asked:

After two years of successful marriage, i find out that my wife can no longer have a baby after she already had one son at her earlier age, and me the husband didn't have any child before,and now am more than 37 years of age. Please' kindly advice me on what i can do about separation or divorce in Canada about this issue. Thanks

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A Family Lawyer
10 years ago

Separations are determined on peculiar factual circumstances. If as a result of the inability to have a child you have changed your mind on the relationship and wish to withdraw from the relationship, then depending on the factual circumstances you may be separated from her. I cannot get into a complete explanation of the test in the case law as to date of separation, and so you should consult with a lawyer to discuss. There is lots of information on this website, divorce-canada.ca, as to separation and divorce.

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