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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 2001, the majority of Canadian marriages (76.4%) were religious, with the remainder (23.6%) being performed by non-clergy. Same-sex marriage has been legal in Canada nationally since 2005. Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three territories.
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 ...
Download as PDF; Printable version; ... Canadian family case law (7 P) Pages in category "Family law in Canada" ... Banns of marriage; C.
On November 23, 2011, the Legislative Assembly enacted the Family Law Act, which uses gender-neutral language with regard to married spouses. The Assembly also amended the Marriage Act to replace all references to "husband and wife" with "spouses" and to add "or spouse" in section 20(c). [8]
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Other websites will often use CanLII as their primary source when referring to Canadian case law, [13] and as of the 10th Edition of the Canadian Guide to Uniform Legal Citation, is the designated preferred citation, in the absence of official court-issued neutral citations. [14] [15]
While divorce is a civil matter in Canadian law, lobbying from Jewish women's groups such as the Canadian Coalition of Jewish Women for the Gett [43] served to highlight the problem of agunah in Canada, and the connected problem of obtaining a get in the Jewish rabbinical courts. The Act was amended in 1990 to provide that: [44]