Are divorce applications heard in family court?
No.
Divorce applications are not handled in family court because family
courts are set up and administered by the provinces. The Divorce
Act is an Act of the federal government of Canada, and so divorces
are heard in federally appointed courts.
In
Alberta, New Brunswick, Manitoba, and Saskatchewan, this is the
Court of Queen's Bench. In Newfoundland, Prince Edward Island, Nova
Scotia, British Columbia, the Yukon and Northwest Territories, the
Supreme Court, trial division has the power to hear divorces. In
Ontario, this court is called the Ontario Court (General Division)
and in Quebec, it is called the Superior Court. In all of these
courts, you begin proceedings by filing a divorce petition with
the Clerk of the Court.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
June
2006 |