Posts Tagged ‘divorce’
Case comment: domestic contracts
Anderson v Anderson is about the validity of a separation agreement that was made without full financial disclosure and independent legal advice. In their decision, the Supreme Court of Canada had to balance the rights of people to settle their own domestic affairs after separation with the need to protect against unfairness and exploitation. This…
Read moreRecent case: Removing bars to an Islamic divorce
The applicant requests that the family court issue an order removing all barriers to an Islamic religious divorce.
Read moreAfter decades of waiting, women’s rights groups celebrate changes to the Divorce Act
Ottawa, June 19, 2019—After decades of advocacy by women’s rights groups pressing for much needed changes to the Divorce Act, including by a coalition led by the National Association for Women and the Law (NAWL) and Luke’s Place, and the efforts of many feminists who engaged on Bill C-78; An Act to amend the Divorce…
Read moreC-78: Update on amendments to the Divorce Act
Bill C-78, which passed Third Reading in the Senate on Wednesday, contains significant changes to the Divorce Act and may soon become law. The full name of C-78 is An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make…
Read moreOpposing Bill S-202: Joint custody is dangerous when there is a history of abuse
On December 13, 2017, Luke’s Place Legal Director Pamela Cross made a submission to the Standing Senate Committee on Legal and Constitutional Affairs about Bill S-202. Pamela made the submission on behalf of the National Association of Women and the Law (NAWL). Bill S-202 proposes amendments to Section 16 of the Divorce Act. The Bill…
Read moreWhen does Canada recognize a divorce from another country?
This issue can arise in a number of contexts: a woman has moved to Canada after obtaining a divorce in her country of origin a woman returns to her country of origin and obtains a divorce while she is there her spouse returns to their country of origin and obtains a divorce without her knowledge…
Read moreRecent case: Recognition of foreign divorce
Essa v Mekawi 2014 ONSC 7400 The parties were married in Egypt under the marriage laws of that country. Both of them are Egyptian citizens. In addition, the father is a Canadian citizen and the mother has permanent resident status here. They lived, at various times, sometimes together and sometimes apart, in Canada, Eqypt and…
Read moreWhat is a “Jewish divorce”?
In Canada, marriage is ended by way of a civil divorce, pursuant to the terms of the Divorce Act, which set outs such requirements as: At least one of the parties has to have been resident in the province where the divorce application is being made for at least one year The parties have to…
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