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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 .
In 2001, the majority of Canadian marriages (76.4%) were religious, with the remainder (23.6%) being performed by non-clergy. Same-sex marriage has been legal in Canada nationally since 2005. Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three territories.
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
Canadian family case law (7 P) Pages in category "Family law in Canada" The following 14 pages are in this category, out of 14 total. ... Banns of marriage; C.
On November 23, 2011, the Legislative Assembly enacted the Family Law Act, which uses gender-neutral language with regard to married spouses. The Assembly also amended the Marriage Act to replace all references to "husband and wife" with "spouses" and to add "or spouse" in section 20(c). [8]
According to Manitoba Justice, "Common-law partners who have registered their common-law relationship with the Vital Statistics Agency, or lived together and have a child together, or lived together for at least three years if there are no children of the relationship have all the same rights under the Family Maintenance Act as legally married spouses, including the right to seek spousal support."
M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of cohabiting same-sex couples to equal treatment under the law. The court found that the definition of spouse in section 29 of Ontario's Family Law Act, which extended spousal support rights to unmarried cohabiting opposite-sex couples but not same-sex couples, was discriminatory and therefore ...
The Civil Marriage Act (French: Loi sur le mariage civil) is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edward Island, the Northwest Territories, and Nunavut.