6 - Family Law Flashcards
5 Emotional cycles of separation
Guilt
Denial
Anger
Sadness
Acceptance
3 requirements for marriage according to civil marriage act
Both parties free and enlightened consent
16 years
Other marriages dissolved
Spouse definition by family law act that deals with child and spousal support
Include people not married but lived together continuously for 3 years or had child and lived together in relationship
How is breakdown of a marriage established for granting divorce
Live apart for 1 year or if adultery or cruelty
2 main duties lawyers has to discuss with spouses divorcing
Encourage reconciliation
Inform on counselling
Stipulation s with divorce applications
Person may issue application if they have lived in province for a year
If children, applications must be made in jurisdiction where children live
Divorce order definition
Final divorce judgment
When does divorce take affect
31st day after divorce order issued
What add o you need to get married again
Divorce certificate
Ontario difference on equalization of net family property
Only for married spouses
What jurisdiction does custody and access issues fall into
If married- federal divorce act
If not, provincial
Parens patriae
Courts right to intervene to protect child
What does custody actually mean
Right to make decisions, not about time
Shared parenting schedule
Each at least 40%
Maximum contact principle
Child should have as much contact with parent in best interest of child
