Family Law Litigation - Final review Flashcards
unless an agreement or order provides otherwise, the value of family property must be based on its __________
fair market value
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._________
- an agreement dividing the family property and family debt is made (an agreement)
- of the hearing before the court respecting the division of property and family debt (court hearing)
after separation, family property and family debts must be divided equally, unless
1.____________
2.____________
- there is an agreement to divide unequally
- it would be significantly unfair to do so
Guardians ->
Non-guardian ->
parenting time, contact
Describe “shared” parenting arrangement
a child or children may split their time between their parents. The split may be equal or relatively equal(40%).
Describe “Split” parenting arrangement
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.
A financial statement is an ______
affidavit
Married spouse must apply for property division no later than _____________
2 years after an order for divorce
unmarried spouse must apply for property division within _____________________
2 years of the date on which they separated
what can be placed on real property to bar the sale or transfer of a property?
certificate of pending litigation
what are the purposes of chares against the title of real property?
to prevent the sale or transfer of property
prevents new mortgages or charges of credit being made against the property
describe difference between land spouse protection charge and certificate of pending litigation
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
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)
true
what is an order?
a record of a judge’s decision
who drafts the order
the parties or their lawyers. it is usually the claimant or the party who sought the order
in provincial court, the clerk may write the order for unrepresented parties
true
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
5, 21, 7
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.
24, true, 14
Chambers application is used in family law usually for _____ and______
interim, non-final relief
final orders can be obtained in chambers for undefended family law cases and summary trials (true or false)
true
list 4 most common chambers application in family law
- interim parenting
- child and spousal support
- interim distribution of property
- protection of person or property
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.
JCC (judicial case conference)
1. application for the restraining of property
2. application by consent
3. application that can be brought without notice
Judges can hear all applications (true or false)
true
Masters can hear most but not all applications (true or false)
true.
