Dissolution of Marriage

• The federal Divorce Act of Canada stipulates that the only grounds for divorce is "marital breakdown." The Family Law Act recognizes three types of evidence that a marriage is broken. A spouse has suffered physical, mental or emotional abuse. A spouse has committed adultery. The couple has lived apart for at least one year.
  
  

Definition of Spouse

• The Family Law Act provides a strict legal definition of "spouse." Spouses are two people living together in a connubial relationship for at least three years, two people who are legally married or two people living in a connubial relationship who are parents of natural or adopted children. Same-sex spouses have the same rights as opposite-sex spouses, but property rights provisions pertain only to legally married spouses.
  
  

Child Custody

• Child custody and child support responsibilities for married couples is determined by the federal Divorce Act. The Family Law Act governs child custody and support for unmarried couples. Each parent must pay support according to the support guidelines table.