Divorce Act Basics - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-02T22:29:51Z

Clicklaw directory link edit

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	*[https://www.justice.gc.ca/eng/fl-df/divorce/index.html "Divorce and Separation"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/divorce/index.html "Divorce and Separation"] from the Department of Justice
	*[https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/book-livre/title-titre.html ''What happens next? Information for kids about separation and divorce''] from the Department of Justice		*[https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/book-livre/title-titre.html ''What happens next? Information for kids about separation and divorce''] from the Department of Justice
	*[https://www.~~clicklaw~~.bc.ca/~~resource~~/~~4340~~ Fact Sheet "Divorce"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/fact4-fiches4.html Fact Sheet "Divorce"] from the Department of Justice
	*[http://bit.ly/BecauseLifeGoesOn ''Because Life Goes On… Helping children and youth live with separation and divorce''] report from Public Health Agency of Canada		*[http://bit.ly/BecauseLifeGoesOn ''Because Life Goes On… Helping children and youth live with separation and divorce''] report from Public Health Agency of Canada
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4647~~ "Getting a Divorce"] from Legal Aid BC		*[https://family.legalaid.bc.ca/separation-divorce/getting-a-divorce "Getting a Divorce"] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource/4639~~ "Separation & Divorce"] from Legal Aid BC		*[https://family.legalaid.bc.ca/separation-divorce "Separation & Divorce"] from Legal Aid BC
	*[https://~~www.clicklaw~~.bc.ca/~~resource/4139 "Parent Guide to Separation and Divorce"] from~~ the ~~Justice Education Society~~		*[https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ "Changes to the Divorce Act"] from Dial-a-Law by the People's Law School
	*[https://www.clicklaw.bc.ca/resource/~~4869~~ "Changes to the Divorce Act"] from Dial-a-Law by the People's Law School		*[https://www.justice.gc.ca/eng/fl-df/cfl-mdf/dace-clde/index.html "Divorce Act Changes Explained"] from the Department of Justice
	*[https://www.~~clicklaw~~.bc.ca/~~resource~~/~~4865~~ "Divorce Act Changes Explained"] from the Department of Justice

Nate Russell at 22:08, 11 January 2024

2024-01-11T22:08:49Z

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	{{REVIEWED \| reviewer = [[JP Boyd]], 17 February ~~2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 17 February 2023}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}

Nate Russell at 22:37, 19 May 2022

2022-05-19T22:37:01Z

Show changes

Jpboyd: /* Resources and links */

2021-03-06T19:40:56Z

Resources and links

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	* ''[http://canlii.ca/t/7vbw Divorce Act]''		* ''[http://canlii.ca/t/7vbw Divorce Act]''
	* [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78], the bill that ~~will change~~ the ''Divorce Act''		* [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78], the bill that changed the ''Divorce Act''

	===Links===		===Links===
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	{{REVIEWED \| reviewer = [[JP Boyd]], ~~June 21~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}

Jpboyd: /* What issues does the Divorce Act cover? */

2021-03-06T19:40:27Z

What issues does the Divorce Act cover?

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

			The ''Divorce Act'' now also provides a test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation.

	====What is corollary relief?====		====What is corollary relief?====

Jpboyd: /* The law about children */

2021-03-06T19:26:56Z

The law about children

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	This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all.		This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', judges now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	===Who can ask for orders about custody and access?===		===Who can ask for orders about custody and access?===
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	Joint custody does not always mean that the spouses share the child's time equally or near-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care and upbringing; whether they share the children's time equally or have very unequal amounts of time with the children is another question.		Joint custody does not always mean that the spouses share the child's time equally or near-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care and upbringing; whether they share the children's time equally or have very unequal amounts of time with the children is another question.

	Under the ~~new~~ ''Divorce Act'', ~~the right to make decisions about children will be described~~ as ''~~parenting responsibilities~~''.		<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', "custody" is now known as ''decision-making responsibility''.

	===What rights does access give?===		===What rights does access give?===
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	This provision doesn't apply to people who are not spouses and have access to the child under a ''Divorce Act'' order.		This provision doesn't apply to people who are not spouses and have access to the child under a ''Divorce Act'' order.

	Under the ~~new~~ ''Divorce Act'', ~~people who are spouses will have~~ ''parenting time'' ~~with a child instead of "access~~,~~" and~~ people who are ~~not spouses may have~~ ''contact'' ~~with a child. People with parenting time also have the right to make day-to-day decisions affecting the child during their time with the child~~.		<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	===How are orders for custody and access enforced?===		===How are orders for custody and access enforced?===

Jpboyd: /* Introduction */

2021-03-06T19:22:36Z

Introduction

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	*changing orders about custody, access, child support, and spousal support.		*changing orders about custody, access, child support, and spousal support.

	~~When~~ the ''Divorce Act'' ~~is changed in 2020~~, ~~instead of~~ "custody" and "access," ~~the act will talk about~~ ''parenting time'', ~~''decision-making responsibilities''~~, ~~and~~ ''contact''.		<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	====What is corollary relief?====		====What is corollary relief?====

	You may have heard the term "corollary relief" used about court proceedings under the ''[[Divorce Act]]''. ''Corollary'' means something that is ~~a consequence of~~ something else. The primary subject of the ''[[Divorce Act]]'' is divorce. The other orders available under the act, about the care of children, child support, and spousal support, stem from the court's ability to make a divorce order. The court's power to make these orders is "corollary" to the court's power over divorce, and these orders are sometimes called ''corollary relief'' or ''corollary orders''.		You may have heard the term "corollary relief" used about court proceedings under the ''[[Divorce Act]]''. ''Corollary'' means something that is closely related to something else. The primary subject of the ''[[Divorce Act]]'' is divorce. The other orders available under the act, about the care of children, child support, and spousal support, stem from the court's ability to make a divorce order. The court's power to make these orders is "corollary" to the court's power over divorce, and these orders are sometimes called ''corollary relief'' or ''corollary orders''.

	====What about annulment?====		====What about annulment?====

	When a marriage is ''annulled'', the marriage is ~~cancelled~~ as if the couple had never been married at all. A marriage can be annulled if there is a problem with the legal requirements of the marriage ceremony or the legal capacity of the parties to marry.		When a marriage is ''annulled'', the marriage is canceled as if the couple had never been married at all. A marriage can be annulled if there is a problem with the legal requirements of the marriage ceremony or the legal capacity of the parties to marry.

	The ''[[Divorce Act]]'' doesn't deal with the annulment of marriages, only divorce. Annulment is governed by the common law and is nowhere near as easy to get as a divorce. The section on [[Marriage & Married Spouses]] in the [[Family Relationships]] chapter talks about when and how marriages can be annulled.		The ''[[Divorce Act]]'' doesn't deal with the annulment of marriages, only divorce. Annulment is governed by the common law and is nowhere near as easy to get as a divorce. The section on [[Marriage & Married Spouses]] in the [[Family Relationships]] chapter talks about when and how marriages can be annulled.
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	If the two court proceedings were started on the same day, however, both proceedings will be transferred to the [https://www.fct-cf.gc.ca/en/home Federal Court], and it's that court which will hear and decide the spouses' claims. The Federal Court is a trial court, like the Supreme Court of British Columbia, but is common to all of Canada.		If the two court proceedings were started on the same day, however, both proceedings will be transferred to the [https://www.fct-cf.gc.ca/en/home Federal Court], and it's that court which will hear and decide the spouses' claims. The Federal Court is a trial court, like the Supreme Court of British Columbia, but is common to all of Canada.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' the Federal Court no longer deals with divorce cases. When spouses start court proceedings on the same day in different provinces, the job of the Federal Court is now limited to deciding which court will handle both cases.

	===What about claims under the ''Family Law Act''?===		===What about claims under the ''Family Law Act''?===
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	Because the two systems are so different, even though a married spouse can make a claim under both laws, it's probably best to just pick one. It <span class="noglossary">will</span> be less confusing for the court and it will be less confusing for you.		Because the two systems are so different, even though a married spouse can make a claim under both laws, it's probably best to just pick one. It <span class="noglossary">will</span> be less confusing for the court and it will be less confusing for you.

	~~When the~~ ''~~Divorce Act~~'' ~~is changed, the act will talk about~~ ''~~parenting orders~~'' ~~and ''parenting plans~~'' that, ~~instead of~~ "custody" and "access," ~~cover~~ ''parenting time'', ~~''decision-making responsibilities''~~, ~~and~~ ''contact''.		<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	==The law about divorce==		==The law about divorce==

Jpboyd at 19:19, 6 March 2021

2021-03-06T19:19:06Z

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	This section provides a top to bottom overview of the ''Divorce Act'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics.		This section provides a top to bottom overview of the ''Divorce Act'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics.

	The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].

	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
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	==Introduction==		==Introduction==

			The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].

	===Who does the ''Divorce Act'' apply to?===		===Who does the ''Divorce Act'' apply to?===

Jpboyd at 19:18, 6 March 2021

2021-03-06T19:18:34Z

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	This section provides a top to bottom overview of the ''Divorce Act'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics.		This section provides a top to bottom overview of the ''Divorce Act'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics.

	The ''Divorce Act'' ~~will change a lot in 2020~~, ~~as a result of [https://www~~.~~parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78]. Many of~~ these changes ~~will be described~~ in ~~this section~~. ~~The section will be rewritten when~~ the ~~new '~~'Divorce Act'' is in ~~force~~.		The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Introduction==		==Introduction==

Jpboyd at 23:40, 19 November 2019

2019-11-19T23:40:08Z

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	===What about claims under the ''Family Law Act''?===		===What about claims under the ''Family Law Act''?===

	Both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' talk about the care of children, child support, and spousal support. As long as a person is married, they can start a court proceeding about these issues under either law or under both laws at the same time. However, if orders about the division of property and debt, personal protection orders and financial protection orders, the parentage of a child, or the use of the family home are required, those claims must be made under the ''Family Law Act''; see the section [[Family Law Act Basics\|''Family Law Act'' Basics]] for more information.		Both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' talk about the care of children, child support, and spousal support. As long as a person is married, they can start a court proceeding about these issues under either law or under both laws at the same time. However, if orders about the division of property and debt, personal protection orders and financial protection orders, the parentage of a child, or the use of the family home are required, those claims must be made under the ''Family Law Act''; see the section [[Family Law Act Basics\|''Family Law Act'' Basics]] for more information.

	====Child support====		====Child support====