Difference between revisions of "Divorce Act Basics"
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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 ''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. | ||
==Introduction== | ==Introduction== | ||
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The federal ''[[Divorce Act]]'' is the main Canadian law on marriage breakdown and divorce. It only applies to couples who are or were married to each other, regardless of where they were married. If people in other kinds of relationships want orders about the care of children, child support, or spousal support and can't make an agreement, they must apply under provincial legislation. In British Columbia, that law is the ''[[Family Law Act]]''. | The federal ''[[Divorce Act]]'' is the main Canadian law on marriage breakdown and divorce. It only applies to couples who are or were married to each other, regardless of where they were married. If people in other kinds of relationships want orders about the care of children, child support, or spousal support and can't make an agreement, they must apply under provincial legislation. In British Columbia, that law is the ''[[Family Law Act]]''. | ||
If married spouses have started a court proceeding under the ''[[Divorce Act]]'', other people ― like grandparents, other family members, and children's other caregivers ― can use the ''[[Divorce Act]]'' to ask for orders about the care of the spouses' children, but they must get the court's permission first. | If married spouses have started a court proceeding under the ''[[Divorce Act]]'', other people ― like grandparents, other family members, stepparents and children's other caregivers ― can use the ''[[Divorce Act]]'' to ask for orders about the care of the spouses' children, but they must get the court's permission first. | ||
===What issues does the ''Divorce Act'' cover?=== | ===What issues does the ''Divorce Act'' cover?=== | ||
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*paying spousal support, and | *paying spousal support, and | ||
*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''. | |||
====What is corollary relief?==== | ====What is corollary relief?==== | ||
You may have heard the term | 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'', | ||
====What about annulment?==== | ====What about annulment?==== | ||
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====Child support==== | ====Child support==== | ||
The rules about child support are almost the same between the | The rules about child support are almost the same between the ''Divorce Act'' and the ''Family Law Act'', except that it can be a bit easier to get child support from a stepparent under the ''[[Family Law Act]]''. The [[Child Support]] chapter talks about child support and when step-parents can be required to pay child support. | ||
====Spousal support==== | ====Spousal support==== | ||
The rules about spousal support are very similar between the two laws, except that under the ''[[Family Law Act]]'' spousal support is also available to | The rules about spousal support are very similar between the two laws, except that under the ''[[Family Law Act]]'' spousal support is also available to adults who aren't married to each other as long as they meet that act's definition of "spouse." | ||
There's no limit to when claims for spousal support can be brought under the ''[[Divorce Act]]''. Under the ''[[Family Law Act]]'', however, spouses who are entitled to ask for spousal support must begin a court proceeding for spousal support within two years of the divorce order, if the couple were married, or within two years of separation, if the couple wasn't married, or they <span class="noglossary">will</span> be out of time. | There's no limit to when claims for spousal support can be brought under the ''[[Divorce Act]]''. Under the ''[[Family Law Act]]'', however, spouses who are entitled to ask for spousal support must begin a court proceeding for spousal support within two years of the divorce order, if the couple were married, or within two years of separation, if the couple wasn't married, or they <span class="noglossary">will</span> be out of time. | ||
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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 cover " | |||
==The law about divorce== | ==The law about divorce== | ||