Divorce Act
The Divorce Act is the federal legislation governing divorce in Canada. Under the Constitution Act, 1867, the federal Parliament has exclusive jurisdiction over marriage and divorce. The Act provides the sole ground for divorce — breakdown of marriage — established by either one year’s separation, adultery, or cruelty. The Act also addresses corollary relief: spousal support, child support, parenting orders (formerly custody and access), and the division of pension benefits. The Act was substantially amended in 2020 to introduce a relocation framework, replace custody and access terminology with parenting orders and decision-making responsibility, and strengthen measures addressing family violence.
Legal area: Family law governs marriage, divorce, parenting arrangements, support obligations, and the protection of children.
Year enacted: 1985
Full text: https://laws-lois.justice.gc.ca/eng/acts/D-3.4/
Key Provisions
- Section 8: Breakdown of marriage as sole ground for divorce (one year separation, adultery, cruelty)
- Section 11: Duty of legal advisor to discuss reconciliation
- Section 15.1: Child support (guidelines and orders)
- Section 15.2: Spousal support (factors and objectives)
- Section 16: Parenting orders (best interests of the child)
- Section 16.1: Relocation (notice, factors, court authorization)
- Section 16.3: Family violence defined and considered in best interests
- Section 21: Appeals from divorce orders
Significance
The Divorce Act is the foundational statute for Canadian family law, governing the dissolution of approximately 70,000 marriages annually. The 2020 reforms were the most significant amendments in decades, modernizing language from custody/access to parenting orders, introducing a comprehensive relocation framework, and requiring courts to consider family violence in determining children’s best interests. The Federal Child Support Guidelines, made under the Act, provide a standardized formula for child support.