Glossary
Canadian Divorce Glossary
Family Law Terms Explained
Understanding Canadian family law terminology is essential for navigating divorce. This glossary covers federal and provincial terms, including the 2021 Divorce Act changes.
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All Terms(34 terms)
A
Access
The old term for time a non-custodial parent spends with their child. Now replaced by "parenting time" under the 2021 Divorce Act amendments.
ParentingAdult Interdependent Partner (AIP)
Alberta's term for common-law partner. AIPs have similar (but not identical) rights to married couples.
RelationshipsAffidavit
A written statement of facts sworn under oath, used as evidence in court proceedings.
CourtB
Best Interests of the Child
The primary consideration in all parenting decisions. Courts consider factors like the child's needs, views, and safety.
ParentingC
Child Support Guidelines
Federal regulations that determine child support amounts based on the payor's income and number of children.
SupportCohabitation Agreement
A contract between common-law partners outlining rights and responsibilities during the relationship and upon separation.
AgreementsCommon-Law
A relationship where partners live together without being married. Rights vary significantly by province.
RelationshipsCorollary Relief
Orders made in a divorce proceeding for support (spousal or child), custody/parenting, or other matters.
CourtCPP Credit Splitting
Division of Canada Pension Plan credits earned during a marriage or common-law relationship.
FinancialCustody
The old term for who makes major decisions about children and where they live. Now replaced by "decision-making responsibility" and "parenting time."
ParentingD
Decision-Making Responsibility
The new term (2021) for authority to make major decisions about a child's education, health, religion, and significant extracurriculars.
ParentingDe Facto Union
Quebec's term for common-law relationship. De facto partners have limited automatic rights compared to married couples.
RelationshipsDisclosure
The legal requirement to share all relevant financial information with the other party in family proceedings.
FinancialDivorce Act
The federal legislation governing divorce in Canada, including grounds for divorce and corollary relief.
LegislationE
Equalization Payment
In Ontario, the payment from the spouse with higher Net Family Property to the one with lower NFP to equalize their property.
FinancialExcluded Property
Property that is exempt from division, typically including pre-relationship assets, gifts, and inheritances (varies by province).
FinancialF
Family Patrimony (Patrimoine Familial)
In Quebec, specific assets (residences, vehicles, pensions, RRSPs) that must be divided 50/50 upon divorce.
FinancialFamily Property
Property subject to division upon separation. Definition varies by province.
FinancialI
Imputed Income
Income attributed to a person who is voluntarily underemployed or hiding income, used for support calculations.
SupportJ
Joint Custody
Old term meaning both parents share decision-making authority. Now called "shared decision-making responsibility."
ParentingM
Matrimonial Home
The family's primary residence during the relationship. Has special protections in most provinces.
FinancialMediation
A process where a neutral third party helps separating couples reach agreement on issues.
ProcessN
Net Family Property (NFP)
Ontario's property division system. NFP = assets at separation minus assets at marriage minus exclusions.
FinancialP
Parenting Order
A court order establishing parenting time and decision-making responsibility arrangements.
ParentingParenting Time
The new term (2021) for time each parent spends with the child. Replaced "custody" and "access."
ParentingPartnership of Acquests
Quebec's default matrimonial regime for property outside the family patrimony.
FinancialR
Relocation
When a parent moves with a child to a different location. The 2021 amendments added specific notice requirements.
ParentingRule of 65
In SSAG, if the recipient's age plus years of marriage equals 65 or more, support may be indefinite.
SupportS
Section 7 Expenses
Special or extraordinary child expenses (childcare, medical, education, extracurriculars) shared proportionally to income.
SupportSeparation Agreement
A contract between separating spouses setting out terms for property, support, and parenting.
AgreementsShared Custody
When a child spends at least 40% of time with each parent. Affects child support calculations.
ParentingSole Custody
Old term meaning one parent has primary care and decision-making. Now "sole decision-making responsibility."
ParentingSSAG (Spousal Support Advisory Guidelines)
Advisory (not mandatory) guidelines providing ranges for spousal support amounts and duration.
SupportV
Variation
A court application to change an existing support or parenting order based on a material change in circumstances.
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