Going Beyond Canada Divorce Act: Empower Your Journey

canada divorce act

Canada Divorce Act changes of March 1, 2021

Canada Divorce Act changes of 1985

Summary of the Divorce Acts

Who can benefit from using DivorceMate?Ken Maynard CDFA, Acc.FM2024-05-29T18:54:18-04:00
  • Legal professionals, including lawyers, mediators, and financial advisors, benefit from using DivorceMate for accurate calculations and documentation. The public can use MySupportCalculator to understand their financial obligations and rights during a divorce.
Are there free versions of DivorceMate available?Ken Maynard CDFA, Acc.FM2024-05-29T18:49:35-04:00

No, DivorceMate does not offer a free version and is intended for professional use only. Public users can use MySupportCalculator, which offers accessible financial tools online.

Is there a difference between separation and divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:51:36-04:00

Yes, separation is a physical and emotional break from your spouse, while divorce is the legal end of the marriage.

What happens to property under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:51:53-04:00

Property is divided equitably, considering factors like the value of family assets and contributions to the marriage.

How does the Divorce Act address spousal support?Ken Maynard CDFA, Acc.FM2024-05-26T17:52:10-04:00

Spousal support is determined based on factors like the length of the marriage, roles during the marriage, and each spouse’s financial situation.

What are the financial implications of the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:52:30-04:00

The Act addresses property division, spousal support, and child support, ensuring fair financial settlements based on applicable guidelines and the couple’s circumstances.

What is the role of mediation in the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:52:43-04:00

In the Canada Divorce Act mediation is strongly encouraged as a method to resolve disputes amicably. Mediation can help couples come to agreements on issues like property division, spousal support, and child custody without the need for prolonged court battles. Engaging in mediation early with a Divorce Mediator or Certified Divorce Financial Analyst can lead to a smoother and more cooperative divorce process, potentially saving time and reducing conflict.

How does child custody work under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:52:58-04:00

The Act prioritizes the best interests of the child, considering factors like the child’s needs, relationships, and stability when determining custody and access.

What is considered adultery under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:53:15-04:00

Adultery refers to voluntary sexual intercourse between a married person and someone other than their spouse.

What are the grounds for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:53:31-04:00

Grounds for divorce include one year of separation, adultery, or cruelty.

Why is the Divorce Act important in Canada?Ken Maynard CDFA, Acc.FM2024-05-26T17:53:44-04:00

The Divorce Act ensures a standardized legal process for divorce, protecting the rights and interests of spouses and children, and promoting fair settlements.

Who can file for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:54:01-04:00

Any married person who meets the residency requirement can file for divorce under the Divorce Act.

When can you file for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:54:17-04:00

You can file for divorce after meeting the residency requirement of living in a Canadian province for at least one year and after the necessary separation period.

Do you need a lawyer to file for divorce in Canada?Ken Maynard CDFA, Acc.FM2024-05-26T17:30:17-04:00

No, you do not need a lawyer to file for divorce. However, working with a Divorce Mediator or Certified Divorce Financial Analyst can help you navigate the process more smoothly and ensure a fair settlement.

What are the steps to file for divorce under the Divorce Act?Ken Maynard CDFA, Acc.FM2024-05-26T17:54:45-04:00

To file for divorce, you must complete a divorce application, serve the application to your spouse, and file the documents with the court. The court will review the application and, if approved, issue a divorce order.

How does the Divorce Act work in CanadaKen Maynard CDFA, Acc.FM2024-05-26T17:54:59-04:00

The Divorce Act governs the process of divorce in Canada, ensuring fair property division, spousal support, and child custody arrangements. It provides a legal framework for ending a marriage and helps protect the rights of both parties and their children.

What does de facto mean?Ken Maynard CDFA, Acc.FM2023-09-04T21:58:38-04:00

De facto means ‘in fact’ and often refers to relationships that are treated like marriage but aren’t legally recognized. Consult a mediator or financial analyst before taking legal action.

What is the difference between Divorce Act vs Family Law Act?Ken Maynard CDFA, Acc.FM2023-09-04T21:57:07-04:00

The Divorce Act is federal, while the Family Law Act is provincial. The Divorce Act deals with divorce, whereas the Family Law Act covers a broader range of family issues. Consult a mediator or financial analyst first.

What is the history of divorce in Canada?Ken Maynard CDFA, Acc.FM2023-09-04T21:56:09-04:00

The history of divorce in Canada dates back to 1968 with the enactment of the Divorce Act. Before retaining a lawyer, consider seeking advice from a divorce mediator or a certified divorce financial analyst.

What’s new in the Divorce Act Canada 2021?Ken Maynard CDFA, Acc.FM2023-09-04T21:54:30-04:00

The new Divorce Act Canada 2021 focuses on the best interests of the child and introduces changes in relocation cases. Before hiring a lawyer, consider consulting a divorce mediator or a certified divorce financial analyst.

When was divorce legalized in Canada?Ken Maynard CDFA, Acc.FM2023-09-04T21:53:10-04:00

Divorce was legalized in Canada in 1968 with the enactment of the Divorce Act. Before retaining a lawyer, consider seeking settlement assistance from a divorce mediator or a certified divorce financial analyst.

Table of Contents

At DTSW

Information Model

Get Acquainted Call

Do you want a Soft Landing?

Have a few questions?

Learn More:

Schedule a 15-Minute Complimentary Call

This may interest you:

  • Divorce Act ( RSC , 1985, c. 3 (2nd Supp.)) – Laws.justice.gc.ca: This is the official government page for the Divorce Act, providing the full text of the law. It’s a reliable source for anyone wanting to understand the specifics of the Act.
  • RSC 1985, c 3 (2nd Supp) | Divorce Act | CanLII: CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII’s goal is to make Canadian law accessible for free on the Internet. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions.
  • Divorce Law in Canada (96-3e): This link provides a historical perspective on the Divorce Act of 1968, which introduced the concept of permanent marriage breakdown as a ground for divorce.
  • Divorce Act (Canada) – Wikipedia: Wikipedia provides a comprehensive overview of the Divorce Act, including its history, provisions, and impact. It’s a good starting point for general information.
  • For years, Canada’s Divorce Act didn’t mention family violence. That changes today. – CBC: This CBC article discusses the recent changes to the Divorce Act regarding family violence. It’s a good resource for understanding the Act’s evolving approach to this important issue.
  • Divorce Law Basics – Canadian Legal FAQs: This page provides a basic overview of divorce law in Canada, including the role of the Divorce Act. It’s a good resource for anyone needing a simple, straightforward explanation.
  • Government of Canada announces coming into force of Divorce Act amendments: This is the official announcement from the Government of Canada about the coming into force of Divorce Act amendments. It’s a primary source for information about the changes.
  • Canada: Summary Of The Changes To The Divorce Act | Mondaq: This article provides a summary of the changes to the Divorce Act, including a broad definition of family violence. It’s a good resource for understanding the key changes in the law.
About the Author:
Ken Maynard CDFA, Acc.FM

I assist intelligent and successful couples in crafting rapid, custom separation agreements that pave the way for a smooth transition towards a secure future. This efficient process is achieved in about four meetings, effectively sidestepping the excessive conflicts, confusion, and costs commonly linked to legal proceedings. Clients have the flexibility to collaborate with me either via video conference or in-person through a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

Have a few questions -  Tap here to Schedule a Get Acquainted Call

 

 

Ken Maynard CDFA, Acc.FM2024-07-06T13:25:19-04:00