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The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act. Pursuant to the Divorce Act, the federal government has jurisdiction over child custody and access matters and spousal and child support during or after divorce. [1] The Divorce Act does not ...
In 1968, Parliament passed its first Divorce Act, which established a uniform divorce law across Canada. [25] In addition to bringing about uniformity, the 1968 Act: placed both spouses on an equal footing in pursuing a divorce and specified that the grounds included: [26] adultery, conviction of a sexual offence, bigamy, mental or physical ...
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)
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 ...
Courts have struggled to understand how to implement this. The result is that many times the military member's promotion enhancements, due to sole effort after the divorce, are divided to the ex-spouse. The Area Method is a straightforward method to equitably divide retirement pay in this situation for an Active Duty or Reserve retirement. [14]
Serving in the U.S. military can be both exhilarating and terrifying for military families, particularly if their loved one is sent to an area of combat or into other dangerous situations. While ...
The Uniformed Services Former Spouses' Protection Act (or USFSPA) is a U.S. federal law enacted on September 8, 1982 to address issues that arise when a member of the military divorces, and primarily concerns jointly-earned marital property consisting of benefits earned during marriage and while one of the spouses (or both) is a military service member. [3]
M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of cohabiting same-sex couples to equal treatment under the law. The court found that the definition of spouse in section 29 of Ontario's Family Law Act, which extended spousal support rights to unmarried cohabiting opposite-sex couples but not same-sex couples, was discriminatory and therefore ...