Family Law Midterm Flashcards
What is the primary focus of family law in Canada??
Deals with the pathology of family breakdown and its legal consequences.
What is “Alternative Dispute Resolution”? Provide examples. How is it used in family law?
Means solving disputes outside of court, you could agree on custody arrangements and divorce things outside of court.
List the relevant provincial statutes in family law.
Family Law Act Adult Independent Relationships Act Maintenance Enforcement Act Family Property Act Marriage Act
List the relevant federal statutes in family law.
Divorce Act
List the 3 levels of court in Alberta. What is the hierarchy?
Alberta Court of Appeal
Court of Queen’s Bench of Alberta
Provincial Court of Alberta
What is the role of a legal assistant working with family law files?
Open & organize files, makes appointments for lawyer, takes calls, collects information, prepares correspondence, prepares daft pleadings, agreements, and other court documents, arranges for Questioning, Arranges for trials, Drafts Statement of account.
What is a “Marriage”? Which statute governs this?
Is the lawful union of two persons to the exclusion of all others. The Marriage Act governs this, and it is provincial but the federal Civil Marriage Act can over rule.
What are the legal requirements for a valid marriage in Alberta?
You must follow the steps set out in the Marriage Act
What is “Cohabitation”? Which statute may apply to couples who “co-habited”?
When a couple lives together as a family unit but does not get married “common law” this is covered in the Adult Interdependent Relationship Act.
What are the requirements for a person to be considered an Adult Interdependent Partner?
- if you live together for a continuous period of not less than 3 years
- of some permanence if there is a child of the relationship by birth or adoption.
How might a law firm become involved when a couple decides to get married or live together?
If the couple wished to prepare a prenuptial agreement or cohabitation agreement
What type of legal service might a law firm offer such a couple?
Help them prepare these documents and have them signed.
What is an annulment?
A way for ending a marriage in Alberta this is only used if the marriage itself is invalid
What is the difference a marriage that is void ab initio and is void?
Voif ab inito – having no legal force from the beginning
void - the parties to a marriage must have legal capacity to marry each other
What are the three (3) different grounds for a divorce?
Live separate and apart for at least one year
Adultery
Cruelty
Which one of the three (3) is a no-fault ground to divorce?
live separate and apart for at least one year
What are the bars to a divorce?
Collusion
Connivance
Condonation
What is a desk divorce? What is a contested divorce?
Desk divorce: A way of getting a divorce in Alberta that does not involve a court appearance.
Contested Divorce: when the spouses disagree on some or all issues within the divorce.
Which statute or legislation govern divorce?
Federal Divorce Act
Is divorce under provincial or federal jurisdiction
Divorce falls under federal jurisdiction (Court of Queen’s Bench Alberta)
How is a divorce proceeding commenced? What is the name of the document that has to be filed? How much does it cost to file this document? Which court should it be filed at?
Starts with a Statement of Claim, it costs $260.00 to file this document, and its filed at the court of Queen’s Bench of Alberta
What is the process and which documents are required, when opening a family law file, involving a divorce?
- Entering the new client info in the legal accounting software program and obtaining a new - client file number/matter number
- Printing a client info sheet
- Opening the physical file
- Placing any material already obtained in the client file
What are the steps that need to be taken after a Divorce Judgment is granted?
- Requesting a certificate of Divorce
- Preparing a reporting letter to the client
- Preparing a statement of account
What is the difference between a Joint Divorce and a Contested Divorce?
Joint Divorce – both spouses agree to the terms but wish to have input into what the court documents say.
Contested Divorce – when the parties don’t agree on the terms of the divorce
List and describe the corollary relief that parties may seek
Child support Spousal Support Parenting time Decision-making responsibilities Family property division
What are the new terms for “custody” and “access” under the new Divorce Act?
Custody – is now referred to as “decision making responsibilities”
Access – is now referred to as “parenting time”
When was the most recent date in which the Divorce Act, was revised
March 1, 2021
List and describe the 3 types of decision-making responsibilities (parenting responsibilities).
Sole/ primary decision making (my mother)
Shared/joint decision making (a healthy divorce)
Split/divided decision making (Ryder & Jeremy with dad Me & Ethan with Mom)
List and describe the 3 types of parenting time.
Sole/Primary Parenting Time (<60% of child’s time is with one parent)
Shared/Joint Parenting Time (<=40% of child’s time is with each parent)
Split/Divided Parenting time ( multiple kids at different houses)
What is “child support”? Does it only apply to children of a marriage and not to children of unmarried couples?
A court ordered payment to help support the children in the relationship. This applies for all children.
What are the steps to calculate Section 3 child support payments?
Figure out which guidelines apply Determine the number of children Determine the parenting arrangement Find the right table Calculate annual income Find the table amount Deal with special expenses Deal with undue hardship
Where may a parent apply for child support? Which court(s)?
The court of Queen’s Bench of Alberta
Name the source that is used to calculate child support payments
Software programs ChildView and DivoceMate or the Federal Child Support Table
What is “spousal support
Financial support provided by one ex-spouse to another once a marriage or Adult interdependent relationship ends in Alberta.
What are the documents that may be used to apply for child or spousal support?
Statement of Claim for Divorce and Affidavit of Applicant
