Difference between revisions of "Divorce (3:IV)"

The federal legislation governing divorces in Canada is the ''DA''. The ''DA'' applies to legally married couples, including same-sex couples as long as residency requirements for one spouse are met. It does not apply to common-law couples or other unmarried couples. The provincial family law legislation in BC is the ''FLA'', which applies to people in all relationships. The reason there are two statutes governing this area is the division of powers under sections 91 and 92 of the [http://canlii.ca/t/8q7k ''Constitution Act, 1867''], which gives the federal government jurisdiction over “Marriage and Divorce” (s 91), while giving provincial governments jurisdiction over “The Solemnization of Marriage in the Province” and “Property and Civil Rights” (s 92).