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Difference between revisions of "Divorce Act Basics"
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*changing orders about custody, access, child support, and spousal support. | *changing orders about custody, access, child support, and spousal support. | ||
<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 | 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 | 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. | ||
<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== | ||
