A recent article from the U.S. highlights a concerning legal trend: some American states are adopting covenant marriages—a restrictive form of marriage that severely limits grounds for divorce. While this might sound like a throwback to an earlier era, it’s raising serious concerns about individual rights, access to justice, and victim protection.
But here’s the good news: this would never happen in Ontario. And it’s important to understand why.
What Is a Covenant Marriage?
In U.S. states like Arizona, Arkansas, and Louisiana, couples can opt into a “covenant marriage”—a legally binding contract that requires premarital counselling and restricts divorce to fault-based grounds like adultery, abuse, or abandonment. Even in cases involving emotional or financial abuse, couples may be forced to live apart for two years before being allowed to file for divorce.
This approach reintroduces a highly problematic model where the courts must assign “fault,” often leading to prolonged litigation, increased emotional and financial strain, and a chilling effect on people—especially victims—trying to leave unsafe or unhappy relationships.
Why This Couldn’t Happen in Ontario
Ontario—and Canada as a whole—operates on a very different legal foundation when it comes to family law. Marriage in Ontario is a civil contract, not a religious or moral covenant, and access to divorce is a protected legal right under the federal Divorce Act.
Here are a few key safeguards in place in Ontario that make this kind of restrictive system virtually impossible:
1. No-Fault Divorce System
Canada introduced no-fault divorce in 1985. Under the Divorce Act, the most common ground for divorce is a one-year separation—no need to prove wrongdoing. This system recognizes that marriages break down for many reasons, and adults should not be forced to remain legally bound if the relationship has ended.
2. Charter Rights and Legal Protections
The Canadian Charter of Rights and Freedoms protects equality, liberty, and security of the person. Any law that would trap individuals in a marriage against their will—especially in cases of abuse—would likely be found unconstitutional.
3. Access to Courts and Legal Remedies
In Ontario, both spouses are equally entitled to seek divorce, spousal support, child support, and equalization of property. There is no such thing as a separate legal status that strips away these protections. Victims of abuse are encouraged to seek help, and courts have the discretion to issue restraining orders, emergency motions, and exclusive possession of the matrimonial home.
4. Marriage Is Not a Religious Contract Under Law
While individuals can choose to marry in a religious ceremony, the legal marriage itself is governed by secular statutes like the Marriage Act and the Divorce Act. Religious beliefs do not override the legal rights of a spouse in Ontario.
Protecting Vulnerable Spouses
One of the most troubling aspects of covenant marriage is its potential to trap victims of domestic violence or coercive control. In Ontario, courts and legislation take a much more compassionate and pragmatic approach. Judges are trained to consider family violence in custody and support matters, and recent amendments to the Divorce Act have explicitly included family violence as a factor when determining the best interests of children.
We recognize that forcing someone to stay married—particularly when there is abuse or imbalance of power—is not only unjust but dangerous.
What Can We Learn from the U.S. Experience?
While the covenant marriage movement may be rooted in a desire to promote stability, it does so at a tremendous cost to individual freedom and safety. In contrast, Ontario’s family law system emphasizes fairness, flexibility, and the ability to exit a marriage with dignity and legal support.
As always, if you’re considering separation or divorce—or just want to understand your rights and options—it’s best to consult with an experienced family lawyer.
Marriage should be a partnership, not a prison. And in Ontario, the law reflects that.
