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In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims.
A divorce checklist can offer a sense of clarity and direction when … Continue reading → The post How to Prepare for a Divorce With a Checklist appeared first on SmartAsset Blog. The 7-Step ...
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. [1] Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.
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