Difference between revisions of "Divorce Act Basics"

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.

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.

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''.

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'',

If the two court proceedings were started 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.

Both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' talk about the care of children, child support, and spousal support. As a long a person is married, they  can start a court proceeding about these issues under either law or under both laws at the same time. However, if orders about the division of property and debt, personal protection orders and financial protection orders, the parentage of a child or the use of the family home are required, those claims must be made under the ''Family Law Act''; see the section [[Family Law Act Basics|''Family Law Act'' Basics]] for more information.

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.

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.

When the ''Divorce Act'' is changed, the act will talk about ''parenting orders'' and ''parenting plans'' that, instead of "custody" and "access," cover ''parenting time'', ''decision-making responsibilities'' and ''contact''.