Frequently Asked Questions - Family Law

Disclaimer:

Please note that this is not a legal text and will not give you legal advice. These "Frequently Asked Questions" (FAQs) will give you general legal information. To get legal advice regarding a family law issue, you would have to speak with a lawyer who practices family law.

Links to other websites are provided solely for your convenience. The Department of Justice Canada is not responsible for the information you may find on any other site.

• [ List of Questions
• | Divorce – General
• | Child Support
• | Child Support Guidelines
• | Parenting Arrangements (Custody and Access)
• | Spousal Suport
• | Support Enforcement ]

Family Law - General

1. Is the federal law, the Divorce Act, the only law in Canada that sets out what happens after a spousal relationship breaks down?
   
   
2. Does the information in these FAQs apply to everyone whose spousal relationship has broken down?

1. Is the federal law, the Divorce Act, the only law in Canada that sets out what happens after a spousal relationship breaks down?

No. In Canada, federal, provincial and territorial governments share responsibility for matters relating to family law. The federal government is responsible for laws regarding marriage and divorce, while provincial and territorial governments are responsible for laws that apply to couples who separate but do not divorce. Provinces and territories are also responsible for the administration of justice, which includes court processes and documents.

The information in these FAQs applies to federal family laws. You may find it useful even if provincial or territorial family laws apply to you. Be aware, however, that there are some differences between federal and provincial/territorial family laws so you may wish to contact authorities in your province or territory or refer to their websites for information on the laws in your province or territory.

2. Does the information in these FAQs apply to everyone whose spousal relationship has broken down?

These FAQs will help you if you are getting a divorce (or thinking about getting a divorce) under the federal Divorce Act. You may also wish to refer to Department of Justice publications such as Divorce Law: Questions and Answers and Federal Child Support Guidelines: Step-by-Step.

If you are separating but not getting a divorce or if you were never married, you should consult your provincial or territorial government's website for information on family laws that apply to you.