The Divorce Act is a federal law in Canada that governs the divorce process and its associated matters. As of my knowledge cutoff in September 2021, here are the critical parts of the Divorce Act:

Grounds for Divorce: The Divorce Act stipulates that a court of competent jurisdiction may grant a divorce to spouses who had lived separate and apart for at least one year right before the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding.

Child Custody and Access: The Divorce Act also deals with child custody and access issues. It mandates that the court always considers the child’s best interests while deciding.

Child and Spousal Support: The Divorce Act outlines the responsibilities of spouses to provide financial support for their dependent children. It also provides for spousal support, considering factors like the length of the marriage, the roles of each party during the wedding, and the financial circumstances of each party.

Division of Property: While the Divorce Act doesn’t address property division, it empowers provinces to enforce laws about the division of marital property after divorce.

Jurisdiction: The Divorce Act applies across Canada, but each province and territory handles the administration of the Act and has its regulations and processes for divorce proceedings.

Changes in 2021: Significant changes to the Divorce Act came into effect on March 1, 2021, to better address family violence and promote the child’s best interests. These changes include new language to replace terms like “custody” and “access” with words like “parenting orders,” “decision-making responsibility,” and “parenting time” to focus on the child’s needs rather than parental rights. It also introduced measures to deal with relocation cases and to address family violence.

Link to the Divorce Act

The Ontario Family Law Act is a statute that governs family law matters in Ontario, Canada. Here’s a summary of its key provisions:

Marriage and Divorce: The Act doesn’t govern the process of divorce itself (as that’s under federal jurisdiction), but it deals with some issues related to marriage, like the enforcement of marriage contracts and the rights and responsibilities of spouses.

Spousal Support: The Act outlines the obligations for spousal support. It provides a framework to determine eligibility, amount, and duration of support. Factors considered include the length of the relationship, the roles each party played, and the financial circumstances of each party.

Child Support: The Act also creates guidelines for child support, including who must pay, how much, and for how long. It considers the income of the non-custodial parent, the number of children, and the living arrangements of the children.

Property Division: It sets out rules for the division of property upon the breakdown of a marriage. Generally, the spouse whose net family property is the lesser of the two has the right to one-half the difference between them.

Cohabitation and Domestic Contracts: The Act recognizes cohabitation agreements, marriage contracts, and separation agreements. These can determine the rights and responsibilities of parties in matters of property, support obligations, and the right to direct their children’s education and moral training.

Child Custody and Access: While the Act does not explicitly dictate custody arrangements, it shows that decisions should be made in the child’s best interests.

Matrimonial Home: The Act provides special rules for the matrimonial home. Both spouses have an equal right to stay in the house, no matter who legally owns it. It also stipulates that a matrimonial home cannot be sold or mortgaged without both spouses’ consent.

This is a summary, and the specific provisions of the Act may be subject to exceptions and qualifications. For a comprehensive understanding and legal advice, one should refer to the Act or consult a legal professional.

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