Anonymous

Difference between revisions of "Divorce Act Basics"

From Clicklaw Wikibooks
29 bytes removed ,  03:25, 12 April 2013
Line 9: Line 9:
===Who does the ''Divorce Act'' apply to?===
===Who does the ''Divorce Act'' apply to?===


The ''[[Divorce Act]]'' is the main law on marriage breakdown in Canada. It applies to people who are or were married to each other, regardless of where the spouses were married. If other kinds of couples 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, this is the ''[[Family Law Act]]''.
The ''[[Divorce Act]]'' is the main law on marriage breakdown in Canada. It applies to people 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]]''.


Other people can use the ''[[Divorce Act]]'' to ask for orders about the care of children, but:
If married spouses have started a court proceeding, other people 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.
 
*they can only apply if there is already a court proceeding between married spouses, and
*they must first get the court's permission to make an application.


===What does the ''Divorce Act'' cover?===
===What does the ''Divorce Act'' cover?===
Line 30: Line 27:
====What is "corollary relief"?====
====What is "corollary relief"?====


The ''[[Divorce Act]]'' describes issues about the care of children and support as "corollary relief". ''Corollary'' means "related to"; a court hearing a divorce proceeding can make orders about the care of children and support because they are related to the court's ability to make a divorce order.
The ''[[Divorce Act]]'' describes issues about the care of children and support as "corollary relief". ''Corollary'' means "related to"; a court hearing a divorce proceeding can make orders about the care of children and support because those issues are related to the court's ability to make a divorce order.


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