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Intro to Law > Family Law > Flashcards

Family Law Flashcards

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1
Q

What 3 issues are dealt with in Provincial Court - Family Division?

A
  1. Custody and access
  2. Child support
  3. Spousal support
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2
Q

What 6 issues are dealt with in the Court of Queen’s Bench? What is the type of jurisdiction that allows two, or more, courts to have power over the same things?

A

> Concurrent jurisdiction:

  1. Custody and access
  2. Child support
  3. Spousal support
  4. Divorce
  5. Division of property
  6. Adoption
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3
Q

A couple who lives together for 1 year, is treated the same as a married couple under Alberta law:

A

False: it doesn’t matter how long you live together, you will never be treated the same as a married couple under law if you are not married.

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4
Q

2 types of relationships recognized in Alberta:

A
  1. Married couples;

2. Adult Interdependent Partners.

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5
Q

The difference between provincially recognized and federally recognized couples that are not married:

A

> Federally: recognizes you as a “common-law” couple (income tax and Canadian Pension Plan) if you have been living together for more than 1 year.

> Provincially: Alberta law recognizes you as Adult Interdependent Partners, and you get rights in Alberta (e.g. spousal support).

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6
Q

Describe the 3 federal Statutes that govern marriage, and the Section of the Constitution:

A

> Section 91 of Constitution: “who can marry whom”

  1. Marriage (Prohibited Degrees) Act
  2. Civil Marriage Act
  3. Criminal Code of Canada
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7
Q

Describe the provincial Statute that governs marriage, and the Section of the Constitution:

A

> Section 92 of Constitution: “how” to get married

1. Alberta Marriage Act

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8
Q

Describe the 3 grounds for divorce:

A
  1. Adultery;
  2. Cruelty; or
  3. One year separation (most common).
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9
Q

What federal Statute outlines divorce:

A

> Divorce Act

> Procedural law (“how” to divorce) is provincial.

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10
Q

What is the rule for the one year separation, if the couple decides to reconcile during?

A

If the reconciliation was less than 90 days, they will accept your original separation day.
> It does not matter if it was one block of time for reconciliation – or if there were many different reconciliation dates spread out, the court will add them all up.

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11
Q

A couple is considered to be “adult interdependent partners” when they have a relationship of interdependence and one of the following 3 things:

A
  1. Have lived together for 3 or more years; or
  2. Have lived together for a period of “some permanence” and have a child together; or
  3. Live together and have signed an Adult Interdependent Partnership Agreement.
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12
Q

What are the 3 essential elements that need to be met when distinguishing an AIP from mere roommates?

A
  1. Sharing their lives
  2. Emotionally committed to one another
  3. Function as an economic/domestic unit
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13
Q

2 Alberta Statutes that recognize, and give rights to, AIPs:

A
  1. Family Law Act: gives them partner support rights (spousal support)
  2. Wills and Succession Act: gives AIPs estate rights
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14
Q

2 Alberta Statutes that DO NOT recognize, and give rights to, AIPs:

A
  1. Matrimonial Property Act: gives rights to married couples to divide assets in half when they split up (50/50 split)
  2. Dower Act: protects the family home
    (e. g. if a divorced husband wanted to sell the family home, even if it is solely in his name, he could not without the ex-wife’s permission).
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15
Q

What is a “common-law” relationship?

A

> Not a term used in Alberta legislation anymore, but it is still used in federal legislation (example: Income Tax Act) and in common usage
May be used in other jurisdictions
May be used in private contracts (example: medical/dental insurance plans)

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16
Q

2 types of legal custody:

A
  1. Joint: both parents make the decisions together

2. Sole: one parents make the decision alone

17
Q

2 types of physical custody:

A
  1. Sole: children live mostly with one parent and have visits with the other – most common
  2. Shared: equal time between both parents – often when this happens, the parents live in separate homes in the same neighborhood
  3. Split: when multiple children are involved, the siblings groups are split (some with one parent and some with the other, but the children still need to spend time with each other and each parent)
18
Q

How is child support governed, and how is it generally calculated?

A

> Governed by the Child Support Guidelines

> General calculation: table amount (necessities) + share of special expenses (example: daycare, sports)

19
Q

In the Matrimonial Property Act, what are the 2 exemptions of the 50/50 split?

A
  1. Inheritance
  2. If a pre-nuptial agreement is signed, you essentially give up the 50/50 split.
    > A pre-nuptial agreement is largely about property, but spousal support can be negotiated
    > Very rare to sign one after marriage, but you can (post-nuptial agreement)
20
Q

A couple who are living together in a relationship of interdependence become adult interdependent partners when:

1) they have lived together for 3 years
2) they have live together for a period of some permanence and have a child together
3) they sign an Adult Interdependent Partner Agreement
4) any of the above

A

4)any of the above

21
Q

A divorcing couple have agreed that their children will live one week with Mom and then one week with Dad and continue alternating on that basis. This arrangement is an example of:

1) split custody
2) joint custody
3) shared custody

A

3)shared custody

22
Q

The grounds for divorce under the Divorce Act of Canada are:

1) 3 year separation, adultery, or cruelty
2) 3 year separation, adultery, or bigamy
3) 1 year separation, cruelty, or bigamy
4) 1 year separation, adultery, or cruelty
5) Irreconcilable differences, adultery, or cruelty

A

4)1 year separation, adultery, or cruelty

23
Q

Which of the following statement(s) is correct?

1) It is legal to marry your cousin
2) It is legal to marry your adopted sibling
3) It is legal to marry your step-sibling
4) Both 1 and 2
5) Both 1 and 3
6) Both 2 and 3

A

5)Both 1 and 3

24
Q

What 3 pieces of information are required in order to calculate the base amount of child support under the Child Support Guidelines?

A

1) The number of children
2) The province where the paying parent lives
3) The gross annual income of the paying parent

25
Q

One adult interdependent partner may be financially obligated to pay support to the other adult interdependent partner if that relationship ends.

A

True.

26
Q

Provide an example of Alberta law that does not recognize (give rights to) the Adult Interdependent Partner.

A

Dower Act.

27
Q

A couple can reconcile for up to how many days without interrupting the 1 year period of separation (as a ground for divorce)?

A

90 days.

28
Q

Which of these family law issues cannot be dealt with in Provincial Court?

(a) Custody and access
(b) Adoption
(c) Spousal support
(d) Child support

A

(b) Adoption

29
Q

Split custody means:

(a) The children share their time between Mum’s home and Dad’s home
(b) One child lives with Mum and one child lives with Dad

A

(b) One child lives with Mum and one child lives with Dad

30
Q

Which of these persons could you legally marry (assuming you’re not already married)?

(a) Your second cousin
(b) Your first cousin
(c) Your same-sex partner
(d) Your mother’s ex-husband (he is not your father)
(e) All of the above

A

(e) All of the above

31
Q

The child support guidelines (the tables) calculate a basic amount of child support based on:

(a) The paying parent’s gross annual income
(b) The receiving parent’s gross annual income
(c) The combined gross annual income of both parents

A

(a) The paying parent’s gross annual income

32
Q

Jeff and Stewart lived together (as a couple) for 2 years before separating. While together, they adopted a child. During the relationship, Jeff was a stay-at-home parent and was financially dependent on Stewart.
Which of these statements is correct?

(a) Jeff and Stewart are NOT adult interdependent partners, so Jeff cannot make a claim for support
(b) Jeff and Stewart are AIPs, so Jeff could make a claim for support
(c) Jeff and Stewart are AIPs but AIPs do not have support rights

A

(b) Jeff and Stewart are AIPs, so Jeff could make a claim for support

33
Q

Rose and Tristan are divorcing. They have agreed they will both continue to make decisions for their son. They have also agreed that their son will live primarily with Tristan, but Rose will have access every weekend.
Which statement properly describes this custody agreement?

(a) Rose and Tristan have shared custody
(b) Rose and Tristan have joint physical custody and joint legal custody
(c) Rose and Tristan have joint legal custody and Tristan has sole physical custody

A

(c) Rose and Tristan have joint legal custody and Tristan has sole physical custody

34
Q

Which of these statements is correct?

(a) A separated, married couple can attempt reconciliation for up to 60 days without interrupting the 1 year period of separation
(b) When filing for divorce on the ground of cruelty, there must be evidence of both physical and mental cruelty
(c) Divorce is within the jurisdiction of the federal government, but the division of property between a divorcing couple is within the jurisdiction of the provincial government
(d) None of the above

A

(c) Divorce is within the jurisdiction of the federal government, but the division of property between a divorcing couple is within the jurisdiction of the provincial government

Intro to Law (5 decks)

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