Which laws apply to your family law case?

Length: 4 minutes, 36 seconds
Information accurate as of May 25, 2010

For more information on the chart that follows, play the audio clip above. It explains what case law is, talks about the different laws, gives some detail about spousal support under the Divorce Act, and suggests places to get help with your case. For more information, click the links in the chart.

Family law issue	Which laws apply	Supreme or Provincial Court?
Dividing property (married)	Family Relations Act and case law	Supreme Court
Dividing property (unmarried)	Case law	Supreme Court
Divorce	Divorce Act	Supreme Court
Child support (married)	Family Relations Act and case law	either
Child support (unmarried)	Family Relations Act and case law*	either
Custody, including access (married)	Family Relations Act, Divorce Act, or case law	either
Custody, including access (unmarried)	Family Relations Act and/or case law*	either
Guardianship	Family Relations Act	either
Spousal support (married)	Family Relations Act, Divorce Act, or case law, but the Divorce Act might help you get more support	either
Spousal support (unmarried)	Family Relations Act and case law*	either
You cannot use the Divorce Act if you were not married. For that reason, it makes much more sense for unmarried people to go to Provincial Court, since it is less expensive and more convenient — unless they have to divide property.

For more information or help, choose Your legal issue and go on from there. You can also see our interactive page If you need to choose a court.

Read a transcript of the audio program.

Right-click to download the program as an mp3 (4.21 MB).