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In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims.
Legal Aid Ontario (LAO) is a publicly funded and publicly accountable non-profit corporation, responsible for administering the legal aid program in the province of Ontario, Canada. Through a toll-free number and multiple in-person locations such as courthouse offices, duty counsel and community legal clinics, the organization provides more ...
That kind of denial is one reason that divorce brings about economic disaster, since planning for that eventuality seems disloyal. Nonetheless, 43% of Divorce Calculator shows odds your marriage ...
According to one of the attorneys in the M. v. H. case, the ruling dealt "a body blow to discrimination" in Canada. [3] Although the ruling applied specifically only to the Ontario law, the constitutional principles declared by the court had far-reaching implications for all other provinces in their treatment of same-sex couples' rights. [5]
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
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In Ontario, divorce was not permitted until 1930, when the federal Parliament enacted a divorce law which applied specifically to Ontario. [ 105 ] The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based ...
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