Best interests of the child
The only test for a parenting order under the Divorce Act and the Children's Law Reform Act, with primary consideration given to the child's safety, security and well-being.
Case conference
The first court appearance in a defended family case, before a judge, to identify issues, check disclosure and set a schedule.
Read the answer →Certificate of divorce
The document proving a divorce took effect, requested from the court after the 31-day waiting period passes. Usually what is needed for remarriage or a name change.
Read the answer →Consent order
A court order made on terms both spouses agree to, inside an existing court case, with the same enforceability as an order made after trial.
Corollary relief
Support and parenting terms that can be included in a divorce order alongside the divorce itself, under the Divorce Act.
Decision-making responsibility
Authority over significant decisions about a child — health, education, culture, religion and major activities. Replaced 'custody' in the Divorce Act in 2021.
Read the answer →Domestic contract
The Family Law Act's umbrella term for marriage contracts, cohabitation agreements, separation agreements and similar family agreements.
Read the answer →Equalization payment
The payment that equalizes married spouses' growth in net worth during the marriage. A payment, not a division of specific assets.
Read the answer →Exclusive possession
A court order giving one spouse the sole right to live in the matrimonial home, considering the children, finances and any history of violence. Does not transfer ownership.
Family violence
Under the Divorce Act, violent or threatening conduct or a pattern of coercive and controlling behaviour, including financial abuse — not only physical harm. A factor a court must consider in parenting decisions.
Financial disclosure
Giving complete, accurate and up-to-date information about income, assets and debts. A continuing duty under the Divorce Act, not a one-time exchange.
Read the answer →Financial statement
The sworn court form disclosing income, expenses, assets and debts: Form 13 for support-only claims, Form 13.1 where property or the home is claimed.
Interim order
A temporary order made before trial, based on the evidence available at the time, meant to hold arrangements steady rather than decide the final outcome.
Read the answer →Material change in circumstances
A significant change since a support or parenting order or agreement was made — most often income, needs or the parenting schedule — needed to vary it later.
Matrimonial home
A property ordinarily occupied by married spouses as their family residence at separation. Both spouses have equal possession rights regardless of title.
Read the answer →Motion
A request asking a judge to decide a specific issue, often on an interim basis, while the rest of a family case continues.
Net family property
A married spouse's assets less debts on the valuation date, minus the same on the date of marriage, with certain property excluded.
Read the answer →Parenting time
The time a child spends in a parent's care, including everyday decisions made during that time. Replaced 'access' in the Divorce Act in 2021.
Separation
Living separate and apart with at least one spouse intending it to be permanent. Not a filing or a certificate — a fact that can be dated later if disputed.
Read the answer →Separation agreement
A domestic contract settling parenting, support and property between separated spouses. Must be written, signed and witnessed to be enforceable.
Read the answer →Settlement conference
A conference, usually with a different judge, focused on exploring settlement directly and giving a non-binding view of likely outcomes.
Read the answer →Trial management conference
The final conference before trial, setting the trial date, the issues to be decided and the witnesses to be called.
Uncontested divorce
A divorce where both spouses want it and the other issues are already settled, decided on paper without either spouse attending court in person.
Read the answer →Valuation date
The date property and debts are valued for equalization — usually the date spouses separate with no reasonable prospect of resuming cohabitation.
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