Family Law Flashcards
Family
composed of a married couple or two persons living in common law, with or without children, or of a lone parent living with at least one child in the same dwelling
What is Family Law?
deals with the relationships among individuals in conjugal, and other family relationships
Federal Powers
- pass legislation on divorce including divorce action itself, division of property, and custody of children
- dictate who can be married, capacity to marry, and anulments
Divorce Act
sets out the rights and obligations of those who are or who were married
Provincial Powers
responsible for laws prior to divorce including:
- creation of marriage
- marriage breakdown documents
- separation
- spousal and child support
- adoption
responsible for laws prior to marriage including who can officiate, parental consent, required witnessess, and other formalities
Cohabitating couples are ________ issues
provincial
Those who are married but have not applied for divorce is a _________ issue
provincial
Property disputes are ________ issues
provincial
Those who are married and applied for divorce are _________ issues
Federal
Child custody disputes are ________ issues
Federal
Common Law Marriages
people who cohabitate and share their lives with each other, but are not formally married
Reasons for living in common law
- one of the parties still married to someone else
- religious issue
- one or both parties see marriage as patriarchal
- less stigma to be unmarried
- dont want to assume legal/social responsibilities of marriage
- if a party remarries they might lose benefits
- relationship is convenient rather than contractual
Marriage Capacity
each person must have legal capacity to appreciate the nature and quality of the legal commitment and must do so freely
Consent
marriage declared void if consent is coerced or affected by drugs or alcohol, or the persons impairment must be such that they do not understand what they are getting into
Prohibited Degrees
prevented from marrying someone who is related by consanguinity which includes adoption
Non-Consummation
marriage can be invalidated if a permanent inability to consummate exists
(cannot be a refusal)
Prior Marriage
one must be unmarried in order to enter into marriage
considered void if another marriage is still in force and was not dissolved
Bigamy
Being married to one person and then marrying again (married to more than one person at once)
Polygamy
the state of having multiple wives or husbands
Marriage Contract
An agreement between two people entered into before or during marriage which deals with marital rights or obligations
Cohabitation Agreement
a contract between two persons who are cohabiting or intend to cohabit and are not married
- includes statements on rights and obligations, breakdown of relationship, or death
Separation
the status between marriage and divorce
Living “Seperate and Apart”
a physical separation of the couple and indicates that they dont intend to live together in the future
Separation Agreement
a written contract between spouses in which they agree to live apart
Reopening Clause
a provision that can reopen a separation agreement and discuss matters further if certain things happen
Condonation
the principle that if you know your spouse is cheating and you accept it and continue with the marriage you cannot later use adultery as grounds for divorce
Petition for Divorce
a document that starts the divorce action
Petitioner
the person who files for divorce
Respondent (Family Law)
the other spouse whom a petition is brought
Annulment
declaration that the marriage never existed in law
Family Law Act
“Net family property” should be divided equally between spouses unless equal distribution is unfair
Matrimonial Home
the home is which the parties live during the course of their marriage
Custody
who has care and control of a child, and a right of guardianship
Access
the ability to go and visit one’s child in the care of someone else, although child’s custody has been given to someone else
Joint Custody
both parents take a significant role in the raising of a child, or the child spends much time with both parents
Co-Parenting
parents with joint custody where the child resides with each of the parents for significant time
Parallel Parenting
one parent decides on certain issues, and the other parent on other issues
Split Custody
one child lived with one parent and the other child with the other parent
