Chapter 13: Marriage, Divorce, and Family Mediation Flashcards
solemnization of marriage
the various steps and preliminaries, incl the ceremony, leading to marriage; authority over which was granted to the provinces
nuclear family
mother, father, their children
blended family
mother, father, their children born before and after the formation of the family unit, esp children of previous marriages
extended family
family group consisting of parent(s), children, other close relatives
essential requirements for marriage
conditions that must be met for a marriage to be valid (ex. legal capacity, genuine consent); under federal jurisdiction
capacity
ability to understand the nature and effect of one’s actions, such as marriage; the legal ability to enter a contract on one’s behalf
consanguinity
relationship by blood; as opposed to affinity
affinity
relationship by marriage; a opposed to consanguinity
marriage
voluntary union of a man and woman to the exclusion of all others; as affirmed in Parliament in 1999
mistake
error concerning the existence of the subject matter of a contract; including common, unilateral, clerical, non est factum mistakes; in marriage law, an error concerning the identity of marriage partner or the nature of marriage ceremony
monogamy
practice/condition of being married only to one person at a time; as opposed to bigamy
bigamy
practice/condition of being married to more than one person at a time (2 ppl)
consummation
validation of a marriage by sexual intercourse between the spouses
impotence
inability of one or both spouses to have sexual intercourse; a ground for annulment
sterility
inability to have children; as opposed to impotence; not a ground for annulment
formal requirements of marriage
legal conditions for performing marriage ceremonies; under provincial and territorial jurisdiction
banns of marriage
announcement of an intended marriage (ex. read in a couple’s church); an option to a marriage licence in some provinces
procreation
creation of one’s offspring
decree of nullity
court order giving an annulment
petition for divorce
legal document that begins a divorce action, the procedure to end a valid marriage
petitioner
spouse initiating a petition for divorce; as opposed to the respondent
respondent
in a court case, the party (ex. Crown) who opposes the appeal requested by the other party, the appellant; in marriage law, the spouse being sued for divorce
co-respondent
in divorce proceeding based on the respondent’s adultery, the person with whom he/she committed adultery
reconciliation
renewal of a friendly and marital relation between spouses; a procedure for trying to save a marriage
marriage breakdown
basis for divorce on the ground that the marriage is no longer funcitoninig; now the only valid ground for divorce in Canada
no-fault divorce
legal dissolution of a marriage; granted if marriage breakdown is established
family mediation
alternative dispute resolution process applied to issues within families; involving a neutral third party trying to get opposing parties to agree on issues (ex. custody of children)
void
w/o legal force; invalid; as in a marriage or other contract
annulment
ruling that a relationship never was a marriage; declared in a decree of nullity
adultery
voluntary sexual intercourse by a married person with someone other than his/her spouse
