Jul 2023
What is the Governing Legislation for Family Law in Ontario?
By Zachary D’Amico
There is often confusion on what legislation governs and oversees family matters in the province of Ontario. In short, the Divorce Act and the Family Law Act are often two of the most referenced and analyzed statutes for family law matters.
The Divorce Act, is the federal law that applies when a married couple has requested a divorce in Canada. It sets out issues of child support, spousal support and parenting arrangements for the children in divorce cases. Relevant sections of the Act include:
The Family Law Act governs and regulates the rights of spouses and dependents in regard to property, support, cohabitation agreements, marriage contracts, separation agreements, and other matters in family law. Relevant sections of the Act include:
The differences between the two are simple: If you and your former spouse were never married, the Family Law Act will be used to govern your separation. If you were married, the Divorce Act will deal with the issue of divorce while the Family Law Act will deal with assets and property.