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The Divorce Act
The Divorce Act is a federal law in Canada that sets out the rules and procedures for obtaining a divorce. The act applies to all individuals who are married, regardless of where they live in Canada.
Under the Divorce Act, a person can apply for a divorce if their marriage has broken down irretrievably, which is established if the spouses have been living separate and apart for at least one year. There are some exceptions to this requirement, such as if the spouse has committed adultery or physically or mentally abused the other spouse or their child.
The Divorce Act sets out the process for applying for a divorce, including the required documents and the procedures for serving these documents on the other spouse. The act also provides for the appointment of a mediator, who can help the spouses resolve any disputes about the care and support of their children, or the division of their property.
In addition to the rules and procedures for obtaining a divorce, the Divorce Act also contains provisions on child custody and access, as well as child and spousal support. The act sets out the principles that the court must consider when making decisions about these issues, such as the best interests of the child and the ability of each spouse to provide for the child’s needs.
Overall, the Divorce Act is an important law in Canada that provides a framework for ending a marriage and resolving any disputes about the care and support of children, and the division of property.
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