Family Law Litigation - Final review

Question 1

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

Answer 1

fair market value

Question 2

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._________

Answer 2

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)

Question 3

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

Answer 3

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

Question 4

Guardians ->
Non-guardian ->

Answer 4

parenting time, contact

Question 5

Describe “shared” parenting arrangement

Answer 5

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

Question 6

Describe “Split” parenting arrangement

Answer 6

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.

Question 7

A financial statement is an ______

Answer 7

affidavit

Question 8

Married spouse must apply for property division no later than _____________

Answer 8

2 years after an order for divorce

Question 9

unmarried spouse must apply for property division within _____________________

Answer 9

2 years of the date on which they separated

Question 10

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

Answer 10

certificate of pending litigation

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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)

Answer 13

true

Question 14

what is an order?

Answer 14

a record of a judge’s decision

Question 15

who drafts the order

Answer 15

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

Question 16

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

Answer 16

true

Question 17

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

Answer 17

5, 21, 7

Question 18

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.

Answer 18

24, true, 14

Question 19

Chambers application is used in family law usually for _____ and______

Answer 19

interim, non-final relief

Question 20

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

Answer 20

true

Question 21

list 4 most common chambers application in family law

Answer 21

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

Question 22

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.

Answer 22

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

Question 23

Judges can hear all applications (true or false)

Answer 23

true

Question 24

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

Answer 24

true.

Question 25

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.

Answer 25

8, summary trial,

Question 26

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

Answer 26

5

Question 27

summary trial application response time is __ business days

Answer 27

8

Question 28

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

Answer 28

21

Question 29

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

Answer 29

14

Question 30

Application Record is filed with the court by ____________

Answer 30

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

Question 31

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

Answer 31

28 days

Question 32

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

Answer 32

7 days

Question 33

Trial Certificate must be filed at least ___________________________before the trial date

Answer 33

14 days but not more than 28 days

Question 34

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

Answer 34

registry staff
judge or master

Question 35

what is the default division of family property and debt

Answer 35

equal division

Question 36

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

Answer 36

significantly unfair or previous agreement

Question 37

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

Answer 37

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

Question 38

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

Answer 38

certificate of pending litigation

Question 39

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

Answer 39

yes

Question 40

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

Answer 40

false

Question 41

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

Answer 41

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