Appendix 1: divorce act

• Author: Julien D. Payne/Marilyn A. Payne
• Pages: 538-564



   

DIVORCE ACT

Current to May , 

R.S.C. , c.  (nd Supp.)

An Act respecting divorce and corollary relief

SHORT TITLE

Short title

. isActmaybecitedastheDivorce Act.

INTERPRETATION

Definitions

. ()InthisAct,

“age of majority”

“ageofmajority”,inrespectofachild,meanstheageofmajorityasdeterminedbythelaws

of the province where t he child ordinari ly resides, or, if the child ordina rily resides out-

side of Canada, eighteen years of age;

“appellate court”

“appellate court ”, in respect of an appea l from a court, means the cou rt exercising appellate

jurisdic tion with respect to that appea l;

“applicable guidelines”

“applicable guideline s” means

(a) where both spouses or for mer spouses are ordinari ly resident in the same province

at the time an appl ication for a child support order or a variat ion order in respect

of a child support order i s made, or the amount of a ch ild support order is to b e

recalcul ated pursuant to se ction ., and that prov ince has been desig nated by an

Appendix : Divorce Ac t 

order made under subsect ion (), the laws of the province sp ecif‌ied in t he order,

and

(b) inanyothercase,theFederalChildSupportGuidelines;

“child of the marriage”

“childof the marriage”means a child of two spouses or former spouses who,at the material

time,

(a) is underthe age of majority and who hasnot withdrawn fromtheir charge, or

(b) is the age of majority or overand under their charge but unable, by reason ofi llness,

disabilityor other cause,to withdraw fromtheir charge orto obtain the necessaries

of life;

“child support order”

“child support order” mea ns an order made under subsection .();

“corollary relief procee ding”

“corollary relief proc eeding” me ans a proceed ing in a court i n which either or both former

spousesseekachildsupportorder,aspousalsupportorderoracustodyorder;

“court ”

“court”,inrespectofaprovince,means

(a) fortheProvinceofOntario,theSuperiorCourtofJustice,

(a.) for the Province of Prince Edward Island or Newfoundland, the trial division of

the Supreme Court of t he Province,

(b) for the Province of Que bec, the Superior Court,

(c) for t he Provinces of Nova Scotia and Brit ish Columbia, the Supreme Court of t he

Province,

(d) for the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, t he

CourtofQueen’sBenchfortheProvince,and

(e) for the Yukon Territory or the Nor thwest Territories, the Supreme C ourt of the

territory,andinNunavut,theNunavutCourtofJustice,

and includes such ot her court in the province t he judges of which are appointed by the

Governor General a s is designated by t he Lieutenant Governor in Council of the prov-

ince as a court for the purposes of t his Act;

“custo dy”

“custody”includescare,upbringingandanyotherincidentofcustody;

“custo dy order ”

“custody order” means a n order made under subsection ();

“divorce proceeding”

“divorce procee ding” mea ns a proceedi ng in a court i n which either or both sp ouses seek

a divorce alone or toget her with a chi ld support order, a spousal suppor t order or a

custody order;

“Federal Child Support Guidelines”

“FederalChildSupportGuidelines”meanstheguidelinesmadeundersection.;