Chapter 7- Family Law Flashcards
Fiona incurred $1000 in extraordinary expenses. Fiona earns $36000 in income and her ex Gus earns $64000 in income. Gus pays $10000 in spousal support payments and $7000 in child support payments. How much will Gus have to pay?
$64000+$36000= $100000
$64000-$10000= $54000
$54000/$100000= 54%
$10000 X 54%= $540
What importance does the Hague Convention play in international family law matters?
it provides the return of children unlawfully removed from their home country
What covenant must be present for a payor spouse to claim income tax benefits of spousal payments?
CRA requires separated spouses to include the covenant “to live separate and apart”
When would a marriage contract most likely be needed?
a marriage contract is most likely needed if one spouse is bringing significantly more assets to the marriage
How are federal child support guidelines best described?
Presumptive and mandatory
What is “decree nisi”
What is “decree absolute”
Decree Nisi: Divorce Order
Decree Absolute: issued 31 days after decree nisi and allows a person to remarry
What should a domestic contract be, to be enforceable.
- In writing
- Fair
- Signed by both parties
- Witnessed by an independent third party
How much financial disclosure is required for a separation and/or divorce?
Income tax returns and notice of assessments for 3 years prior to the seperation
What is the legal test for a couple who is living ‘separate and apart’?
at least one spouse has an intention to separate
Under the federal divorce act, what is the legal definition of ‘spouse’
Either of 2 persons who are married together
What will the courts consider for spousal support payments for common law?
The length of the relationship
The character of the relationship
If the couple has children
What is proprietary award for a constructive trust?
receiving proportional ownership in the property through a court order
When should a spouse seek equalization of net family property?
6 years from date of separation
2 years from date of divorce
6 months from date of a spouse’s death
