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Difference between revisions of "Divorce Act Basics"
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
The | The ''[[Divorce Act]]'' is the law that deals with marriage breakdown in Canada. It only applies to people who are married to each other or who used to be married to each other. It talks about how married spouses get divorced and when divorce orders from another country are recognized here. It also talks about the care of children after separation (custody and access), child support and spousal support. | ||
This section provides | This section provides a top to bottom overview of the ''Divorce Act'' in a question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can read and 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. | ||
==Introduction== | ==Introduction== | ||
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===Who does the ''Divorce Act'' apply to?=== | ===Who does the ''Divorce Act'' apply to?=== | ||
The ''[[Divorce Act]]'' is the main law on marriage breakdown | 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, 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, 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 does the ''Divorce Act'' cover?=== | ===What issues does the ''Divorce Act'' cover?=== | ||
The ''[[Divorce Act]]'' talks about: | The ''[[Divorce Act]]'' talks about: | ||
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====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. These orders are ''corollary'' to the court's power over divorce and are sometimes called ''corollary relief'' or ''corollary orders''. | |||
====What about annulment?==== | ====What about annulment?==== | ||
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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 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. | ||
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 | 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. | ||
===When can a court proceeding under the ''Divorce Act'' start?=== | ===When can a court proceeding under the ''Divorce Act'' start?=== | ||
