Appendix 1: divorce act
| Author | Julien D. Payne/Marilyn A. Payne |
| Pages | 633-670 |
DIVORCE ACT
R.S.C. 1985, c. 3 (2nd Supp.)
Current to May 5, 2008
An Act respecting divorce and corollary relief
SHORT TITLE
Short title
1. is Act may be cited as the Divorce Act.
R.S.C. , c. (nd Supp.), s. .
INTERPRETATION
Definitions
2. () In this Act,
“age of majority”
“age of majority”, in respect of a child, means the age of majority a s deter-
mined by the laws of the province where the child ordin arily resides,
or, if the child ordinarily resides outside of Canada, eig hteen years of
age;
“appellate court”
“appellate court”, in respect of an appeal from a court , means the court
exercising appellate jurisdic tion with respect to that appeal;
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634 CANADIAN FAMILY LAW
“applicable guidelines”
“applicable guideli nes” means
(a) where both spouses or former spouses are ordinar ily resident in
the same province at the time an application for a child support
order or a variation order in respect of a child support order is
made, or the amount of a child support order is to be recalcu-
lated pursuant to section ., and that province has been desig-
nated by an order made under subsection (), the laws of the
province specified in the order, and
(b) in any other case, the Federal Child Support Gu idelines;
“child of the marriage”
“child of the marriage” means a chi ld of two spouses or former spouses
who, at the material time,
(a) is under the age of majority and who has not withdrawn from
their charge, or
(b) is the age of majority or over and under their charge but unable,
by reason of illness, disability or other cause, to withdraw from
their charge or to obtain the neces saries of life;
“child support order”
“child support order” means an order made under subsection .();
“corollary relief proceeding ”
“corollary relief proceeding” means a procee ding in a court in wh ich
either or both former spouses seek a child support order, a spousal
support order or a custody order;
“court ”
“court”, in respect of a province, means
(a) for the Province of Ontario, the Superior Court of Justice,
(a.) for the Province of Prince Edwa rd Island or Ne wfoundla nd,
the trial div ision of the Supreme Court of the Province,
(b) for the Province of Quebec, the Superior Court,
(c) for the Provinces of Nova Scotia and British Columbia, t he Su-
preme Court of the Province,
(d) for the Province of New Brunswick, Manitoba, Saskatchewan
or Alberta, the Cour t of Queen’s Bench for the Province, and
(e) for Yukon or the Northwest Territories , the Supreme Cour t,
and in Nunavut, the Nunavut Cou rt of Justice,
635Appendix 1: Divorce Act
and includes such other court in the province the judges of which are
appointed by the Governor General as is designated by the Lieuten-
ant Governor in Council of the province as a court for the pur poses
of this Act;
“custo dy”
“custody” includes care, upbringing and any other incident of custody;
“custo dy order”
“custody order” means an order made under subsection ();
“divorce proceeding”
“divorce proceeding” mean s a proceeding in a court i n which either or
both spouses seek a divorce alone or together with a chi ld support
order, a spousal support order or a custody order;
“Federal Child Support Guidelines”
“Federal Child Support Gu idelines” means the gu idelines made under
section .;
“provincial child support service”
“provincial child support serv ice” means any service, agency or body
designated in an agreement with a provi nce under subsection .();
“spousal support order”
“spousal support order” means an order made under subsection .();
“spouse”
“spouse” means either of two persons who are married to each other;
“support order”
“support order” means a child support order or a spousal support order;
“variation order”
“variation order” means an order made under subsection ();
“variation proceeding”
“variation proceeding” means a proceeding in a cour t in which either or
both former spouses seek a variation order.
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