It depends.

A Statement of Claim for Divorce must be filed under the Divorce Act if a couple wants to change their legal status as married.  However, they can deal with other issues such as parenting and support (often called “corollary relief”) under either the Divorce Act or the Family Law Act:

  • If a Statement of Claim for Divorce has been filed, then they must continue to use the Divorce Act for any custody, access or support matters.
  • If no Statement of Claim for Divorce has yet been filed, then they can use the Family Law Act to deal with matters of support, parenting, and contact. 

 

 

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