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Divorce Act

337 bytes removed, 01:09, 15 February 2020
Divorce Act, RSC 1985, c 3 (2nd Supp)
'''The ''Divorce Act'' will be changing on July 1, 2020, and so will this wikibook. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].'''
==The ''Divorce Act'', RSC 1985, c 3 (2nd Supp)==The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at on the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the The ''Divorce Act'' is considered only applies to ''married spouses'', people who are or were married to be "superior" each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the provincial ''[[Family Law Act]]''is the only game in town. As While someone who isn't a result, if you are entitled to ask for an order under married spouse can use the ''Divorce Act'' about child support to apply for an order relating to the parenting of children or spousal supportgetting time with children, you probably shouldthat person must get the court's permission first and the spouses must have already started a court proceeding.
The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse to apply under the ''Divorce Act'' for an order relating to custody of or access to a child, that person must get the court's permission first, and the spouses must have already started a court proceeding between each other. You must also be ''ordinarily habitually resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year.
The ''Divorce Act'' refers to children as ''children of the marriage''. A child of the marriage is defined in section 2(1) as: