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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.
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 ...
[[Category:Canada law templates]] to the <includeonly> section at the bottom of that page. Otherwise, add <noinclude>[[Category:Canada law templates]]</noinclude> to the end of the template code, making sure it starts on the same line as the code's last character.
In 1999, the Supreme Court of Canada issued its landmark ruling in the case of M. v. H., which essentially required all provinces to extend the benefits of common-law marriage to same-sex couples, under the equality provisions of Section Fifteen of the Canadian Charter of Rights and Freedoms. [3]
The Family Law Act came into force in the Canadian province of Alberta on October 1, 2005. [1] It replaced the Domestic Relations Act , the Maintenance Order Act , the Parentage and Maintenance Act , and parts of the Provincial Court Act and the Child, Youth and Family Enhancement Act in that province.
The only way for an individual to get divorced in the provinces where there was no divorce law—as well as in cases where the domicile of the parties was unclear—was to apply to the federal Parliament for a private bill of divorce.
R. Partain, "Comparative Family Law, Korean Family Law, and the Missing Definitions of Family", (2012) HongIk University Journal of Law, Vol. 13, No. 2. "Hong Kong Family Court Tables" includes a summary of Hong Kong family law principles, a guide to the recent case law and relevant statutes, and a glossary of relevant terms related to the Hong ...
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
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