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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.
Federal criminal code law against polygamy prohibits family court recognition or sanctioning of any form of subsequent marriage(s) whilst one or both persons are married to another person. [ 7 ] Nevertheless, it is important to note that section 29 applies only to the provisions of Part III of the law, which deals with spousal support, child ...
In Ontario, divorce was not permitted until 1930, when the federal Parliament enacted a divorce law which applied specifically to Ontario. [104] The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based grounds ...
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]
The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. [1] The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at ...
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