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Family law courts address impact of intimate partner violence in divorce cases

As the legal landscape evolves, there is growing recognition of the complex and enduring effects of intimate partner violence



Family law courts in Canada are increasingly addressing the impact of intimate partner violence in divorce cases, including its long-term effects on a spouse's ability to support themselves. Courts are considering the consequences of family violence when determining spousal support and crafting remedies. A key legal question is whether to recognize a new tort of family violence, allowing victims to seek damages for abuse. Recent court decisions emphasize accounting for the impact of abuse on a spouse's earning potential and distinguish between the act of violence and its consequences under the Divorce Act.

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