Family Law
Divorce, child custody, child support, spousal support, property division, and domestic violence protections in Canada.
Covered in this guide:
Divorce is federal — the same Divorce Act applies coast to coast. But property, custody mechanics, and adoption follow your province's law. The 2021 amendments swapped "custody" and "access" for decision-making responsibility and parenting time, with the child's best interests as the only test. Child support uses the Federal Child Support Guidelines (SOR/97-175), and spousal support follows the non-binding but widely cited SSAG. Family violence is now a specific consideration in parenting orders.
Key Laws
Divorce Act
R.S.C. 1985, c. 3 (2nd Supp.); amended S.C. 2019, c. 16
Divorce, parenting orders, spousal support
Federal Child Support Guidelines
SOR/97-175
Standardized child support tables by income and province
Civil Marriage Act
S.C. 2005, c. 33
Legal definition of marriage, including same-sex marriage
Hague Convention (International Child Abduction)
Implemented via provincial legislation
Return of wrongfully removed children across borders
Family Homes on Reserves and Matrimonial Interests or Rights Act
S.C. 2013, c. 20
Property rights on First Nations reserves
Divorce
Canada has one ground for divorce: breakdown of the marriage. The standard way to prove it is living separate and apart for one year — about 95% of divorces take that route. Adultery and cruelty still...
Child Custody (Parenting Orders)
Since March 1, 2021, "custody" and "access" are gone from the Divorce Act. The new language is "decision-making responsibility" and "parenting time." The change...
Child Support
Both parents are financially responsible for their children — that's the foundational principle. The Federal Child Support Guidelines turn it into numbers: standard amounts based on the payer's income...
Spousal Support
Spousal support is not automatic. The Supreme Court's Bracklow v. Bracklow (1999) set the framework: the person asking has to establish entitlement on at least one of three bases — compensatory (you g...
Division of Property
Property division is provincial, not federal. The general principle: property acquired during the marriage gets divided fairly — typically equally. Most provinces operationalise this through a system...
Domestic Violence Protections
Three legal systems run in parallel against domestic violence in Canada: criminal law (federal), family law (provincial), and domestic violence legislation (provincial). They overlap on purpose — a si...