Difference between revisions of "Court Procedures in Family Law (3:XV)"

Court Procedures in Family Law (3:XV) (view source)

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 == A. Limitation Dates ==
-Spousal support can be claimed under the ''Divorce Act'' in a divorce proceeding or in a proceeding for corollary relief alone (ss 3, 4 and 15.2). There is no limitation period within which spouses or divorced spouses must bring a spousal support application.
+Spousal support can be claimed under the ''DA'' in a divorce proceeding or in a proceeding for corollary relief alone (ss 3, 4 and 15.2). There is no limitation period within which spouses or divorced spouses must bring a spousal support application.
 Under ''FLA'', unmarried spouses have two years to bring an application for division of assets or support after the separation, and married spouses have two years to do so after the divorce or declaration of nullity. Despite this, a spouse may make an application after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.
 The limitation period for setting aside an agreement is delayed in that it does not run until the spousediscovers or ought to have discovered grounds for the application.
 == B. Supreme Court ==