“Provincial/territorial family law”

Under the Constitution, the federal government has legislative responsibility for divorce, reflected in the federal Divorce Act. The Divorce Act deals with custody, child support and spousal support for divorcing spouses. All other family law matters fall under the legislative responsibility of the provinces and territories. Provincial/territorial family law is set out in the statutes of each province or territory and the titles of those statutes vary from province to province, e.g. in B.C., the Family Relations Act or in Ontario, the Family Law Act and the Children’s Law Reform Act. These provincial/territorial family laws deal with custody and support issues for separated but not divorced married spouses, as well as cohabiting partners and unmarried parents. The division of family property in all cases, including divorcing spouses, is a matter for provincial/territorial family law.