Family Law Limitation Periods

What are the Family Law Limitation Periods in Canada?

There are no time limits for applying for a divorce. A party can apply for a divorce at any time once the one year has expired.

There is no time limit for child support applications, provided the child is still entitled to child support under the Divorce Act.

There is no time limit for a family law limitation when it comes to spousal support application although since need is one of the criteria the longer a party waits to apply could operate against him or her.

There is no time limit for a custody and/or access application, although a judge will consider status quo when making such an award.

There are time limits for the division of property between spouses. The time limit for applying for a division of property is the earliest of:

• two years after the date of the divorce or annulment, or
• six years after the day the parties separated with no reasonable prospect of a reconciliation, or
• six months after the other spouse dies.