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Difference between revisions of "Divorce Act"
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You must also be ''ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year. | You must also be ''ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year. | ||
The ''Divorce Act'' refers to children as ''children of the marriage''. A child of the marriage is defined in | The ''Divorce Act'' refers to children as ''children of the marriage''. A child of the marriage is defined in section 2(1) as: | ||
<blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote> | <blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote> | ||
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<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote> | ||
In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support themselves. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in | In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support themselves. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in section 2(2) to include stepparents: | ||
<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote> | <blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote> | ||