Appendix A. Divorce act

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 607-631

607

 

DIVORCE ACT

(Note: is is an u nof‌f‌icial version for reference only. Please refer to the of‌f‌icial version if citing

or quoting this legi slative material.)

DIVORCE ACT

Current to August , 

R.S.C., , c.  (nd Supp.)

An Act respec ting divorce and corolla ry relief

[, c. , assented to th February, ]

SHORT TITLE

Short title

is Act may be cited as the Divorce Act.

INTERPRETATION

Def‌inition s

(1)In this Act,

age of majority, in respect of a child, mea ns the age of majority as determined by the laws of the

province where the child ordina rily resides, or, if the child ordinarily resides outside of Ca nada,

eighteen years of age; (majeur)

appellate court, in respec t of an appeal from a court, means the cour t exercising appellate juris-

diction with respec t to that appeal; (cour d ’app el)

applicable guidelines mea ns

(a) where both spouses or former spouses are ordi narily resident in the same provi nce at

the time an application for a child suppor t order or a variation order in respect of a

child support order is made, or the amount of a chi ld support order is to be recalcu-

lated pursuant to sect ion ., and that province has been designated by a n order made

under subsection (), the laws of the province specif‌ied in t he order, and

608 CHILD SUPPORT GUIDELINES IN CANADA, 2017

(b) in any other case, the Federa l Child Support Gu idelines; (lignes directrices applicables)

child of the marriage mea ns a child of two spouses or former spouses who, at the material time,

(a) is under the age of majority a nd who has not withdrawn from their charge, or

(b) is the age of majority or over and under their cha rge but unable, by reason of illness,

disabilit y or other cause, to withdraw from their charge or to obtain the neces saries of

life; (enfa nt à charge)

child support order mean s an order made under subsection .(); (ordonnance alimenta ire au

prof‌it d’un enfa nt)

corollary relief procee ding means a proceeding in a cour t in which either or both former spouses seek

a child support order, a spousal support order or a custody order; (action en mesures accessoires)

court, in respect of a provi nce, means

(a) for the Province of Ontario, the Superior Cou rt of Justice,

(a.) for the Province of Newfoundla nd and Labrador, the Trial Division of the Supreme

Court of t he Province,

(b) for the Province of Quebec, the Superior Court,

(c) for the Provinces of Nova Scotia, British Columbia a nd Prince Edward Island, t he Su-

preme Court of the Province,

(d) for the Prov ince of New Brunswick, Manitoba, Saskatchewan or A lberta, the Court of

Queen’s Bench for the Provi nce, and

(e) for Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, t he Nuna-

vut Court of Justice,

and includes such other court in the provi nce the judges of which are appointed by the Gov-

ernor General as is designated by t he Lieutenant Governor in Council of the province as a court

for the purposes of this Ac t; (tribunal)

custody includes care, upbringing and a ny other incident of custody; (garde)

custody order means an order made under subsection (); (ordonnance de garde)

divorce proceeding means a proceed ing in a court in which either or both spouses s eek a divorce

alone or together with a child support order, a spousal suppor t order or a custody order; (action

en divorce)

Federal Child Support Guidelines mea ns the guidelines m ade under section .; (lignes direc-

trices fédérales sur les pen sions alimentaires pour enfants)

provincial child support service means a ny service, agency or body desig nated in an agreement

with a province under subs ection .(); (service provincial des a liments pour enfants)

spousal support order means an order made under subse ction .(); (ordonnance ali mentaire

au prof‌it d’un époux)

spouse means either of t wo persons who are married to each other; (époux)

support order means a ch ild support order or a spousal support order; (ordonnance al imentaire)

variation order means an order made under subsect ion (); (ordonnance mod if‌icative)

variation proceeding mea ns a proceeding in a court in which eit her or both former spouses seek

a variation order. (action en modif‌ication)