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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 ...
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.
Both parties must freely consent. Forcing somebody to get married is a criminal offence under s. 293.1 of the Criminal Code. [4] In addition, s. 2.1 of the Civil Marriage Act stipulates, "Marriage requires the free and enlightened consent of two persons to be the spouse of each other."
Print/export Download as PDF; Printable version; ... Pages in category "Family law in Canada" The following 14 pages are in this category, out of 14 total.
The new provision dealing with the best interests of the child requires the court to consider any family violence and its impact on the ability of the person who engaged in family violence to care for the child, and the appropriateness of an order requiring the parties to cooperate on the care of the child. [53]
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Written by leading practitioners, jurists and academics, Halsbury’s Laws of Canada is an authoritative exposition of Canadian statutes, regulations and case law. It provides definitive information about black-letter law, without opinion or commentary, and without archival cases or outdated statutory references (except where necessary). [1]