Federal Laws

• Canada's federal Divorce Act applies to married couples who apply for a divorce. Divorces get granted by the Canadian Supreme Court to legally end the marriage. But, divorces are not necessary if each person does not plan to remarry. Couples may remain separated without actually divorcing for the rest of their lives. Parenting arrangements and child and spousal support also falls under the Divorce Act.
  
  

Provincial or Territorial Laws

• Issues such as property splits, laws related to unmarried couples and married couples who have separated but not yet divorced fall under provincial or territorial laws. The provinces and territories also hold responsibility for the administration of justice and enforcement of support and custody orders. They also provide family justice services including parental education and mediation.
  
  

Grounds for Divorce

• According to Canada's Divorce Act, the criteria for applying for a divorce includes the fact that at least one person of the couple lived in Canada for a year or more. One member of the couple also needs to show that either they have lived apart for at least a year, one of them committed adultery, or one of them was physically or mentally cruel to the other.
  
  

Spousal Support

• Married couples who apply for a divorce need to create a spousal support agreement according to the federal Divorce Act. Typically, the spouse with the higher income pays money to the spouse with the lower income. Common-law couples who live together a long time before separating may also need to file a spousal support agreement, although the agreement falls under provincial or territorial laws. Some provinces offer mediation through family justice services. Some people seek legal advice to arrive at an spousal support agreement, while others ask a judge to decide.
  
  

Child Support

• Money paid to or received from the child's other parent falls under child support laws. Canada's guiding principle about child support focuses on the fact that the children need to benefit from the financial means of both parents as if they still lived together. Canadian law entitles children to receive support until they reach 18 or 19 years of age, depending on the province or territory where the child lives.
  
  

Property Division

• Property that may require dividing due to divorce or separation of common-law couples includes the home, real estate, pensions from employment, investments, bank accounts, cash and pets. The provinces and territories remain responsible for exactly how the property and other items get divided.