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Difference between revisions of "Divorce Act"
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The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]]. | |||
==Divorce Act, RSC 1985, c 3 (2nd Supp)== | ==Divorce Act, RSC 1985, c 3 (2nd Supp)== | ||
The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should. | The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should. | ||
The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse | The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse to apply under the ''Divorce Act'' for an order relating to custody of or access to a child, that person must get the court's permission first, and the spouses must have already started a court proceeding between each other. | ||
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. | ||
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*require parents to try to resolve family law disputes out of court before going to court, and | *require parents to try to resolve family law disputes out of court before going to court, and | ||
*implement new rules for when one parent wants to move with a child away from the other parents. | *implement new rules for when one parent wants to move with a child away from the other parents. | ||
<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. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''. | |||
''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics|''Divorce Act'' Basics]]. | ''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics|''Divorce Act'' Basics]]. | ||