For all couples, including those who reside in Ontario, divorce can be a complicated web of laws involving federal, provincial and territorial statutes. Provincial or territorial laws can create a specific process that governs how a couple can get a divorce. Laws of this nature also concern custody, parenting plans, alimony, child support and legal separations.
This can make getting a divorce quite complex. One of the central issues in a family law case is whether it involves divorce or separation. A divorce legally ends a marriage between spouses, but a separation occurs when a couple makes the decision to live separately due to the breakdown of the relationship. The federal law that dictates the terms of divorce is the Divorce Act, which does not apply to separations. This act governs the grounds for divorce, custody, parenting plans, alimony and child support.
While some divorce regulations may be the same under the Divorce Act as under provincial or territorial laws, there can sometimes be significant differences between the two. The provinces and territories may dictate certain terms of family law cases, including how to process divorce applications and how to decide whether child support or spousal support should be ordered. They can also determine how decisions regarding custody can be made.
Additionally, they can determine specific rules regarding how to divide shared property and whether to order parenting education or mediation. Individuals who are going through a divorce or separation may choose to retain independent legal counsel. A lawyer could advise individuals about which laws will control different aspects of their divorce or separation or whether there could be a conflict between these laws.
Source: Department of Justice, “About Divorce and Separation“, Department of Justice, May 16, 2014