Calgarypuck Forums - The Unofficial Calgary Flames Fan Community - View Single Post

troutman · 08-20-2014, 02:27 PM

Why should courts be involved with divorce?

When there are children of the marriage:

http://en.wikipedia.org/wiki/Parens_patriae

The protection of the best interests of any child the first and single most important concern of the courts.

Pursuant to the Federal Divorce Act, the Court has various duties to discharge:

http://www.canlii.org/en/ca/laws/sta...-2nd-supp.html

- To establish if there is a breakdown of the marriage
- To establish if the spouses are separate and apart
- To establish if there is any possibility of reconciliation
- To establish that there has been no collusion in relation to the application
- To establish if reasonable arrangements have been made for the children of the marriage
- The Court may make a spousal support order

Division of Matrimonial Property is provincial jurisdiction.

08-20-2014, 02:27 PM	#26
troutman Unfrozen Caveman Lawyer Join Date: Oct 2002 Location: Crowsnest Pass Exp:	Why should courts be involved with divorce? When there are children of the marriage: http://en.wikipedia.org/wiki/Parens_patriae The protection of the best interests of any child the first and single most important concern of the courts. Pursuant to the Federal Divorce Act, the Court has various duties to discharge: http://www.canlii.org/en/ca/laws/sta...-2nd-supp.html - To establish if there is a breakdown of the marriage - To establish if the spouses are separate and apart - To establish if there is any possibility of reconciliation - To establish that there has been no collusion in relation to the application - To establish if reasonable arrangements have been made for the children of the marriage - The Court may make a spousal support order Division of Matrimonial Property is provincial jurisdiction.