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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 Quebec, the Civil Code of Lower Canada declared that "Marriage can only be dissolved by the natural death of one of the parties; while both live it is indissoluble." [11] [12] In Ontario, there was no pre-Confederation divorce law, although several efforts had been made prior to Confederation to bring it about. [13]
Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims.
According to one of the attorneys in the M. v. H. case, the ruling dealt "a body blow to discrimination" in Canada. [3] Although the ruling applied specifically only to the Ontario law, the constitutional principles declared by the court had far-reaching implications for all other provinces in their treatment of same-sex couples' rights. [5]
There's no denying that divorce can take an overwhelming emotional toll on all parties involved. When you add the financial burden, the experience and process can be downright devastating. While ...
Termination of marriage in Canada is covered by the federal Divorce Act. [29] A divorce may be granted for one of the following reasons: the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act) one party has committed adultery (s.8(2)(b)(i) of the Act)
At the time that the Interpretation Act (1867) was passed, [3] the Statutes of Canada were required to be distributed and published at the end of each session of parliament. [4] This was changed in 1984, with the volumes of the Statutes of Canada being required to be distributed and published at the end of each calendar year.
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