Who qualifies as "children of the marriage" under the DA?

The term "children of the marriage" under the Divorce Act (DA) refers to children who are still considered dependents at the time relevant to the case, which is typically centered around the age of majority. This age can vary by jurisdiction, but generally, it is recognized as the age at which a child legally becomes an adult, often set at 18 years old.

The definition encompasses not only biological or adoptive children but also includes children who are dependent on the spouses, regardless of their actual living situation, as long as they fall under the specified age of majority at the pertinent time. This broader interpretation allows for considerations of various familial situations, as the core intention of the law is to ensure that children are adequately supported by their parents.

This understanding of "children of the marriage" ensures that custody, access, and child support considerations are adequately addressed, taking into account all dependent children who might still rely on parental support, irrespective of whether they are biologically related to both parents or reside with one parent.