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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 .
Later Canadian and foreign court proceedings revealed complications arising from the application of private international law, so that, while same-sex marriages solemnized in Canada may be legal when its jurisdiction, they must also be valid according to the rules of domicile that apply to the celebrants. [51]
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 ...
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 ...
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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.
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Appointments are made by the Governor General of Canada on advice of the Prime Minister. [39] Appointments to the Supreme Court of Canada are subject to the legal requirement that three judges must be appointed from Quebec. By convention, the other 6 are appointed from Ontario (3), Western Canada (2), and Atlantic Canada (1). These appointments ...