Chapter 6

Question 1

Divorce among aging Canadians is known as

Answer 1

a Grey Divorce

Question 2

Unmarried spouses in Ontario are not entitled to seek an equalization of

Answer 2

Net Family Property

Question 3

A “breakdown” of the marriage is established if spouses have lived separate and apart for at least _____ year(s)

Answer 3

one year

Question 4

An application for divorce may be issued __________upon separation; however, the court will not grant the divorce until the spouses have been separated for ____ year; except in rare cases, when a finding of adultery or cruelty has been made.

Answer 4

immediately

one

Question 5

Based on section 9(1) of the Divorce Act, every lawyer acting on behalf of a spouse in a divorce proceeding has the responsibility to discuss the possibility of ____________

Answer 5

reconciliation

Question 6

The responsibility of a divorce lawyer to discuss reconciliation includes two main duties:

Answer 6

1. Draw the client’s attention to provisions of the Act, which encourage spousal reconciliation.
   2.Inform the client of marriage counselling services that are available.

Question 7

Do both spouses have to agree on the divorce?

Answer 7

No, the decision of one spouse to end the marriage is sufficient to effect the separation and commence the divorce process.

Question 8

A spouse may issue an application for divorce at any time after the breakdown of a marriage, provided that he or she has resided in the province or territory for at least ______ year(s) by the time the claim is issued.

Answer 8

one year

Question 9

What is indexing of spousal support?

Answer 9

It is spousal support that increases annually in accordance with the Consumer Price Index

Question 10

In Ontario, the final divorce judgment is called the…

The divorce itself takes effect on the ____ day after
the day on which the divorce order is granted

Answer 10

divorce order.

31st day

Question 11

This right, called the court’s _______ _______ jurisdiction, allows the court to intervene to protect the rights of a child.

Answer 11

Parens Patriae

Question 12

__________ typically refers to the rights and responsibilities of a parent to make major decisions about a child; it is not synonymous with parenting time

Answer 12

Custody

Question 13

Instead of using the word Custody, courts and parents have begun using the term

Answer 13

Parenting Plans

Question 14

In a _____ ________ situation, the custodial parent makes the decisions regarding the child, but the non-custodial parent retains the right to make inquiries and to be given information as to health, education, and welfare of the child.

Answer 14

sole custody

Question 15

refers to a parenting arrangement in which the parties share major decision-making relating
to the child.

Answer 15

Joint custody

Question 16

The term “joint custody” does not necessarily refer to a shared

Answer 16

residency schedule

Question 17

______ ________ is the term generally applied to parenting schedules that meet a certain threshold under section 9 of the Child Support Guidelines; namely, that each parent has the child in his or her care at least ___% of the time

Answer 17

Shared Parenting

40%

Question 18

The Divorce Act stipulates that a child should have as much contact with each parent as is consistent with the best interests of the child. This provision is commonly referred to as the

Answer 18

Maximum Contact Principle

Question 19

In Ontario, who could be appointed by court order to provide a social work investigation regarding the needs of younger children, or act as a counsel for older children?

Answer 19

Office of the Children’s Lawyer (OCL)

Question 20

Even when court-ordered, who has the right to decline involvement?

Answer 20

Office of the Children’s Lawyer (OCL)

Question 21

the reports of the assessor or OCL are _________ ______ and remain subject to scrutiny

Office of the Children’s Lawyer

Answer 21

evidence only

Question 22

Domestic contracts are addressed in what Act in Ontario?

Answer 22

Family Law Act

Question 23

This allows the parties to define their rights and obligations, opt out of some legislative provisions, and regulate their own financial arrangements.

Answer 23

Domestic contracts

Question 24

The 3 most common domestic contracts under Ontario law are:

Answer 24

Cohabitation Agreements

Marriage Contracts

Separation Agreements

Question 25

It is important to have what during domestic contract negotiations, or the contract may be found to be invalid, particularly if one party is alleged to have greater bargaining power.

Answer 25

Legal Advice

Question 26

a final and irrevocable waiver of the right to claim support from the other spouse. It cannot be court-ordered and can only be contracted between the spouses.

Answer 26

Spousal Support Release

Question 27

This type of domestic contract often deals with ownership in or division of property and spousal support obligations. It cannot cannot contract about child custody, access, or support.

Answer 27

Cohabitation Agreements

Question 28

If the parties to a cohabitation agreement marry each other, the agreement becomes a __________ contract

Answer 28

Marriage Contract

Question 29

In order to enter into a __________ agreement, you cannot be married.

Answer 29

Cohabitation

Question 30

All parties to a ___________ ___________or ________ ________ must have legal advice in order to gain a sound understanding of their rights now and in the future.

Answer 30

Cohabitation Agreement or Marriage Contract

Question 31

Some prospective spouses may already be beneficiaries of family trusts, they or may be anticipating substantial gifts and future inheritances. Under the Family Law Act, spouses may seek a simpler property regime, in which each spouse retains ownership of his or her own property upon a relationship breakdown. This type of arrangement is sometimes known as a

Answer 31

Separate Regime of Property

Question 32

This type of domestic contract usually resolves all issues arising from a relationship breakdown.

Answer 32

Separation Agreement

Question 33

Name a few of the matters that a Separation Agreement could address:

Answer 33

• Custody and access
• Child support
• Spousal support
• Health benefits
• Security for support
• Equalization of net family property
• Sale, division, or transfer of jointly owned property
• Mutual releases, including property, support, and estate releases
• General contract provisions, including provisions for amendments, severability, and jurisdiction

Question 34

The Family Law Act provides that domestic contracts remain subject to…

As required by the Child Support Guidelines.

Answer 34

the best interests of a child

Question 35

Sometimes referred to as unfair advantage. It is an inequitable transaction that shocks the conscience of a court.

Answer 35

Unconscionable Bargin

Question 36

What is the resolution of family law disputes through means other than traditional litigation?

Answer 36

Alternative Dispute Resolution (ADR)

Question 37

Alternative dispute resolution may include

Answer 37

negotiation, collaborative family law, mediation, or combined mediation and arbitration

Question 38

What is the purpose and benefits of Alternative Dispute Resolution?

Answer 38

Most ADR mechanisms are meant to help clients achieve resolution in a more cost-effective and co-operative manner.

Question 39

When a couple has decided to separate, you cannot remarry unless you have obtained this certain document.

Answer 39

Divorce certificate

Question 40

A _________ contract cannot address the right to child custody, access, or support

Answer 40

Marriage

Question 41

A spouse who is obligated to pay child or spousal support is usually required to maintain security for these support payments in the form of

Answer 41

Life Insurance

Question 42

Under the Family Law Act, when spouses separate or one dies, either spouse has the right to seek an equalization of

Answer 42

net family property

Question 43

The party with the greater net family property owes the spouse with the lesser net family property….

Answer 43

half of the difference between the two values

Question 44

This is the value of all of the property a spouse owns on the valuation date, less certain deductions and exclusions.

Answer 44

Net Family Property

Question 45

When is the valuation date when calculating Net Family Property? This is the date all assets and debts are crystallized for calculating net family property.

Answer 45

The date of separation

Question 46

Two types of assets are excluded from net family property:

Answer 46

• Property other than a matrimonial home that was acquired by a spouse by gift or inheritance from a third
person after the date of the marriage
• Property that the spouses have agreed by a domestic contract is not to be included in the spouse’s net family property

Question 47

What is considered to be a date of marriage deduction?

Answer 47

the value of all assets owned, less all debts owed, on
the date of marriage (net worth at the date of marriage)

Question 48

Clients should also understand the non-deductible and non-taxable nature of ______ ________payments, in contrast to _______ ________, which will be taxable in the hands of the ________ and be deductible by the _______ if paid on a periodic basis pursuant to a valid separation agreement or court order.

Answer 48

child support

spousal support

recipient

payor

Question 49

Arrangements made by parents for the care of their children after separation or divorce. They matters such as where the children will live and go to school, as well as their religious education, medical care, and after-school activities.

Answer 49

parenting arrangements

Question 50

What is one major issue divorces can create for advisors?

Answer 50

Conflicts of Interest

Question 51

A separation agreement is a contract between which type of couple?

Answer 51

A married couple

Question 52

On which grounds may a domestic contract be set aside or rendered unenforceable?

Answer 52

Fraud and Duress