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A: It depends:
  1. If the couple is not married, then they cannot use the Divorce Act and must use the Family Law Act. A common-law relationship or an Adult Interdependent Relationship is not a marriage and, therefore, anyone in such a relationship is not married.
  2. If the couple is married and a Statement of Claim for Divorce has been filed, then they must go through the Divorce Act for any custody, access or support matters.
  3. If the couple are married and no Statement of Claim for Divorce has yet been filed, then they can go through the Family Law Act to deal with matters of support, parenting and contact. Once a Statement of Claim for Divorce has been filed, however, the Family Law Act is irrelevant for new applications in court, and the Divorce Act would apply to all new applications.

 

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