What is the difference between a collusive marriage and an absolute divorce?

Alberta, Canada


The following excerpt is from Johnson v. Ahmad, 1981 CanLII 1167 (AB QB):

As in Johnson v. Ahmad saintly motive did not attend the celebration of this marriage. But it is important to distinguish between a collusive marriage and a collusive divorce. The only evidence before me is that of the petitioner who says the decision to reject cohabitation did not arise until the ceremony was over, and I cannot find that the marriage itself was accompanied by a tainted agreement to proceed to dissolution as soon as possible. Hence the presentation and prosecution of the petition does not offend s. 2 of the Divorce Act, and the decree nisi will therefore issue. No special circumstances engaging the public interest have been shown which would permit the decree to be made absolute prior to the expiration of the three-month period provided by s. 13 of the Divorce Act. Order accordingly.

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