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The Family Law Act (the Act) is a statute passed by the Legislature of Ontario in 1986, [1] regulating the rights of spouses and dependants in regard to property, support, inheritance, prenuptial agreements, separation agreements, and other matters of family law. [2]
In Ontario, a separation agreement is unenforceable unless it is made in writing, signed by the parties and witnessed. This written agreement usually resolves all issues arising from the separation, including custody and access, child support, spousal support and the division of property, except only a court can grant a divorce itself.
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage.
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]
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Includes separated spouses and common-law partners who had not previously divided their assets under a separation agreement Ontario: $350,000 1/2 to spouse, 1/2 to child 1/3 to spouse, 2/3 to children Extends only to legally married spouses; Spouse may opt for equalization payment under s. 5 of the Family Law Act, if it results in a greater share
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