Appendix A: Divorce act

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 584-609

584

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DIVORCE ACT

Current to March , 

R.S.C, , c.  (nd Supp.)

An Act respecting divorce and corollary relief

SHORT TITLE

Short title

1. is Act may be cited as the Divorce Act.

INTERPRETATION

Def‌initions

2. (1) In this Act,

“age of majority”

“age of majority”, in respect of a child, means the age of majority as determined by the laws

of the province where the child ordinarily resides, or, if the child ordinarily resides outside

of Canada, eighteen years of age;

“appellate court”

“appellate court”, in respect of an appeal from a court, means the court exercising appellate

jurisdiction with respect to that appeal;

“applicable guidelines”

“applicable guidelines” means

(a) where both spouses or former spouses are ordinarily 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 recal-

culated pursuant to section 25.1, and that province has been designated by an order

Appendix A: Div orce Act 585

made under subsection (5), the laws of the province specif‌ied in the order, and

(b) in any other case, the Federal Child Support Guidelines;

“child of the marriage”

“child of the marriage” means a child 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(a) is under the age of majority and who has not withdrawn from their charge, or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 necessaries

of life;

“child support order”

“child support order” means an order made under subsection 15.1(1);

“corollary relief proceeding”

“corollary relief proceeding” means a proceeding in a court in which 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.1)for the Province of Prince Edward Island or Newfoundland, the trial division 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, the Supreme Court of the

Province,

(d) for the Province of New Bruns wick, Manitoba, Saskatchewan or Alberta, the Court

of Queen’s Bench for the Province, and

(e) for the Yukon Territory or the Northwest Territories, the Supreme Court of the ter-

ritory, and in Nunavut, the Nunavut Court of Justice,

and includes such other court in the province the judges of which are appointed by the

Governor General as is designated by the Lieutenant Governor in Council of the prov-

ince as a court for the purposes of this Act;

“custody”

“custody” includes care, upbringing and any other incident of custody;

“custody order”

“custody order” means an order made under subsection 16(1);

“divorce proceeding”

“divorce proceeding” means a proceeding in a court in which either or both spouses seek a

divorce alone or together with a child support order, a spousal support order or a custody

order;

“Federal Child Support Guidelines”

“Federal Child Support Guidelines” means the guidelines made under section 26.1;

“provincial child support service”

“provincial child support service” means any service, agenc y or body designated in an agree-

ment with a province under subsection 25.1(1);