Family Law Litigation - Final review Flashcards

1
Q

unless an agreement or order provides otherwise, the value of family property must be based on its __________

A

fair market value

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2
Q

Unless an agreement or order provides otherwise, the value of family property and family debt must be determined as of the date of
1._________
2._________

A
  1. an agreement dividing the family property and family debt is made (an agreement)
  2. of the hearing before the court respecting the division of property and family debt (court hearing)
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3
Q

after separation, family property and family debts must be divided equally, unless
1.____________
2.____________

A
  1. there is an agreement to divide unequally
  2. it would be significantly unfair to do so
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4
Q

Guardians ->
Non-guardian ->

A

parenting time, contact

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5
Q

Describe “shared” parenting arrangement

A

a child or children may split their time between their parents. The split may be equal or relatively equal(40%).

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6
Q

Describe “Split” parenting arrangement

A

A child or children may divide their time between their parents differently—one child with one parent and one with another. One child divides their time equally and the other remains with one parent.

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7
Q

A financial statement is an ______

A

affidavit

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8
Q

Married spouse must apply for property division no later than _____________

A

2 years after an order for divorce

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9
Q

unmarried spouse must apply for property division within _____________________

A

2 years of the date on which they separated

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10
Q

what can be placed on real property to bar the sale or transfer of a property?

A

certificate of pending litigation

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11
Q

what are the purposes of chares against the title of real property?

A

to prevent the sale or transfer of property
prevents new mortgages or charges of credit being made against the property

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12
Q

describe difference between land spouse protection charge and certificate of pending litigation

A

land spouse protection charge is used if no legal proceeding has been started
certificate of pending litigation is used if a proceeding has been started

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13
Q

Deciding which spouse will have the pet on termination of a spousal relationship is a problem of division of assets. The court has no jurisdiction to approach the matter as a problem of “custody” (much less “parenting”) (true or false)

A

true

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14
Q

what is an order?

A

a record of a judge’s decision

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15
Q

who drafts the order

A

the parties or their lawyers. it is usually the claimant or the party who sought the order

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16
Q

in provincial court, the clerk may write the order for unrepresented parties

A

true

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17
Q

Examination for discovery in family law
______ hour time limit
form f____ - appointment to be examined for discovery
served at least ____ days prior to the examination

A

5, 21, 7

18
Q

Notice to admit
form f ____
served but not filed (true or false)
once served, the other side has _____ to provide a response or the admission is deemed admitted.

A

24, true, 14

19
Q

Chambers application is used in family law usually for _____ and______

A

interim, non-final relief

20
Q

final orders can be obtained in chambers for undefended family law cases and summary trials (true or false)

A

true

21
Q

list 4 most common chambers application in family law

A
  1. interim parenting
  2. child and spousal support
  3. interim distribution of property
  4. protection of person or property
22
Q

A party cannot file a notice of application or supporting affidavit on another party in family law case without ______
exceptions to this rule are
1.
2.
3.

A

JCC (judicial case conference)
1. application for the restraining of property
2. application by consent
3. application that can be brought without notice

23
Q

Judges can hear all applications (true or false)

A

true

24
Q

Masters can hear most but not all applications (true or false)

A

true.

25
Q

application documents are served by ordinary service at least ______ business days before the hearing, except: application for _____ must be served at least 12 days before the dated of the hearing.

A

8, summary trial,

26
Q

Application respondent has ____ business days to file a response and supporting affidavit

A

5

27
Q

summary trial application response time is __ business days

A

8

28
Q

Application to change, suspend or terminate a final order or to set aside or replace part of an agreement must be served personally at least ____ days before the hearing

A

21

29
Q

for a final order change application, the response time is ____ business days

A

14

30
Q

Application Record is filed with the court by ____________

A

by no later than 4:00 that is one full business day before the hearing

31
Q

Trial Management Conference must take at least _____ before the scheduled date of the trial.

A

28 days

32
Q

Trial brief in form f45 at least _____ prior to the date set for the tmc

A

7 days

33
Q

Trial Certificate must be filed at least ___________________________before the trial date

A

14 days but not more than 28 days

34
Q
  1. What is the 2-step review process for the entry of an order:
    1.
    2.
A

registry staff
judge or master

35
Q

what is the default division of family property and debt

A

equal division

36
Q

what is the test for unequal division of family property and debt

A

significantly unfair or previous agreement

37
Q

What is the time limitation for a claim for property division for:

A

a. unmarried spouse 2 years after date of separation
b. married spouse 2 years after date of divorce

38
Q

What is the name of the charge that can be placed on the title of property if a family law proceeding has been started?t

A

certificate of pending litigation

39
Q

can one spouse ask the court for exclusive occupancy of the family residence?

A

yes

40
Q

The court create and order a custody plan for family pets?

A

false

41
Q

If seeking an order for divorce, the party must file in the Supreme Court:
1.
2.
3.

A

Notice of Family Claim
JUS280 - Registration of Divorce Proceeding
Original marriage certificate

42
Q
A