The Canadian Divorce Act – Understand Your Rights When You Are Divorcing


The Canadian Divorce Act – Understand Your Rights When You are Divorcing

In most areas of Canada, the laws governing separation and divorce come from two main areas: the Canadian Divorce Act (federal rules) and the family laws of the province where you reside. In Ontario, family law matters are heard in the Ontario Court of Justice, Superior Court of Justice, or the Family Court branch of the Superior Court of Justice. Understanding the ins and outs of the Canadian Divorce Act is important when you are seeking a divorce. At the Kelly D. Jordan Family Law Firm, we have extensive experience handling divorce cases through mediation, negotiation, or the court system.

The Canadian Divorce Act Only Applies When You Are Dissolving a Marriage

The Canadian Divorce Act applies when two people whose marriage is legally recognized in Canada wish to dissolve their relationship. Only married couples can divorce. A divorce can be granted under the Canadian Divorce Act if:

  • your marriage is legally recognized in Canada,
  • your marriage has broken down AND you and your spouse have lived in the Canadian province or territory where you apply for divorce for at least one year.
  • you can demonstrate a breakdown in your marriage (you have been separated for at least one year).

Separation is different from divorce. A separation is when a couple decides they no longer wish to live together in a conjugal relationship. Both married couples and common-law spouses can separate. While some married couples choose to live in the same home while separating, it can be difficult to navigate those relationships.

If you are considering separation or divorce, contact the Kelly D. Jordan Family Law Firm to learn about the process, your rights, and what you need to do to build your future. Call us at 416-849-5501 or start your family law case online.

Changes to the Canadian Divorce Act in March, 2021

In March, 2021 changes to the Canadian Divorce Act were introduced to promote the best interests of the child, address family violence, help reduce child poverty and make the family justice system more efficient. One key difference was changing the approach to parenting. While in the past, the law determined “custody” (who was responsible for raising the children) and “access,” (where they spent their time) it now uses the terms “parenting time” and “decision making responsibilities.

These changes may seem minor, but they have profound impacts on the lives of children of divorced couples. All parenting agreement decisions – including where the child will live, go to school and spend vacation time - are weighed against the best interests of the child. More couples are adopting co-parenting arrangements, where time and decision-making responsibilities are shared, allowing the child to continue to have strong relationships with both parents. If you want to learn more about changes to the Canadian Divorce Act or parenting arrangements, contact us today.

No Act Can Easily Encompass the Dissolving of Your Relationship

Understanding the Canadian Divorce Act is important. But the reality is that what matters most to you is that your life is changing. Laws can be dry and unemotional. Separation and divorce can be emotionally painful. Kelly D. Jordan has decades of helping families through the divorce process. She and her associates treat clients with compassion and understanding, and help them come to a final separation or divorce in a manner that will best protect their interests and their future. A skilled family law mediator, Kelly is level-headed, humane and wise when she helps couples find common ground. When representing clients as a family lawyer, Kelly and her associates work to find creative legal solutions to their disagreements.

The goal is to move through the complex process of dissolving your relationship as easily as possible, putting you in the best possible situation to move forward.

Contact the Kelly D. Jordan Family Law Firm Today

Whether you are looking for an opinion on your settlement, wish to understand how the Canadian Divorce Act applies to your case, or you want to have a lawyer represent you in negotiations or family court, the family law team at the Kelly D. Jordan Family Law Firm is here to help. We serve families in Toronto and the GTA. Our offices are conveniently located 1802-365 Bloor St. East in Toronto, Ontario, with easy access from the subway, or the Don Valley Parkway. Start your case online or contact our offices today.

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