Canadian family law

The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867.

Thus, marriages between blood relations, or parties already married, underage, or otherwise unable to consent would all be invalid for lack of essential validity.

Many jurisdictions offer mediation services to help parties resolve or narrow their issues, either with or without lawyers.

Parties can also enter into pre-nuptial contracts to regulate the economic consequences of a future marriage breakdown.

All matrimonial assets and property is presumed to be split evenly between spouses, after deducting debts.

Custody and access are the terms used to describe the involvement of each parent in the lives of their children after separation.

"Custody" is a term used to identify the decision making responsibility of each parent, with parents who have "sole custody" making significant decisions in their children's lives such as education, health, and religious upbringing.

Joint custody can be difficult in situations where parties have poor communication following separation and/or where there has been violence in the relationship.

"Access" describes the amount of time spent with children, including a regular parenting schedule and time spent over holidays, pursuant to a schedule set out in a separation agreement or imposed by a court if the parties have been unable to agree.

Bill C-78 proposes to repeal the terms "custody" and "access" from the Divorce Act in favour of the terms such as "decision making responsibility" and "parenting time" which could be set out in a "parenting order" (if the matter is before the courts).

[13] In determining questions of custody / access and parenting arrangements, the main consideration is to look at what is in the best interests of the child or children.

Bill C-78, which contains proposed amendments to the Divorce Act and other federal family law legislation, sets out a list of criteria to be considered in determining the best interest of the child or children.

Special and extraordinary expenses that are specifically listed in §7 of the Child Support Guidelines, such as daycare, medical insurance coverage, health, education, and extracurricular expenses, may be ordered by the court to be shared by the parents.

The expenses must be necessary with respect to the best interests of the child and must be reasonable having regard to the means and needs of the parents and children.

The entitlement and value of spousal support is determined on a holistic basis that varies greatly depending on the circumstances.

The formula for spouses without children provides a range of between 1.5 and two percent of the difference in gross incomes for each year of cohabitation.