Family Law Midterm

Question 1

What is the primary focus of family law in Canada??

Answer 1

Deals with the pathology of family breakdown and its legal consequences.

Question 2

What is “Alternative Dispute Resolution”? Provide examples. How is it used in family law?

Answer 2

Means solving disputes outside of court, you could agree on custody arrangements and divorce things outside of court.

Question 3

List the relevant provincial statutes in family law.

Answer 3

Family Law Act
Adult Independent Relationships Act
Maintenance Enforcement Act
Family Property Act
Marriage Act

Question 4

List the relevant federal statutes in family law.

Answer 4

Divorce Act

Question 5

List the 3 levels of court in Alberta. What is the hierarchy?

Answer 5

Alberta Court of Appeal
Court of Queen’s Bench of Alberta
Provincial Court of Alberta

Question 6

What is the role of a legal assistant working with family law files?

Answer 6

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.

Question 7

What is a “Marriage”? Which statute governs this?

Answer 7

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.

Question 8

What are the legal requirements for a valid marriage in Alberta?

Answer 8

You must follow the steps set out in the Marriage Act

Question 9

What is “Cohabitation”? Which statute may apply to couples who “co-habited”?

Answer 9

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.

Question 10

What are the requirements for a person to be considered an Adult Interdependent Partner?

Answer 10

• 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.

Question 11

How might a law firm become involved when a couple decides to get married or live together?

Answer 11

If the couple wished to prepare a prenuptial agreement or cohabitation agreement

Question 12

What type of legal service might a law firm offer such a couple?

Answer 12

Help them prepare these documents and have them signed.

Question 13

What is an annulment?

Answer 13

A way for ending a marriage in Alberta this is only used if the marriage itself is invalid

Question 14

What is the difference a marriage that is void ab initio and is void?

Answer 14

Voif ab inito – having no legal force from the beginning

void - the parties to a marriage must have legal capacity to marry each other

Question 15

What are the three (3) different grounds for a divorce?

Answer 15

Live separate and apart for at least one year
Adultery
Cruelty

Question 16

Which one of the three (3) is a no-fault ground to divorce?

Answer 16

live separate and apart for at least one year

Question 17

What are the bars to a divorce?

Answer 17

Collusion
Connivance
Condonation

Question 18

What is a desk divorce? What is a contested divorce?

Answer 18

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.

Question 19

Which statute or legislation govern divorce?

Answer 19

Federal Divorce Act

Question 20

Is divorce under provincial or federal jurisdiction

Answer 20

Divorce falls under federal jurisdiction (Court of Queen’s Bench Alberta)

Question 21

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?

Answer 21

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

Question 22

What is the process and which documents are required, when opening a family law file, involving a divorce?

Answer 22

• 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

Question 23

What are the steps that need to be taken after a Divorce Judgment is granted?

Answer 23

• Requesting a certificate of Divorce
• Preparing a reporting letter to the client
• Preparing a statement of account

Question 24

What is the difference between a Joint Divorce and a Contested Divorce?

Answer 24

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

Question 25

List and describe the corollary relief that parties may seek

Answer 25

Child support
	Spousal Support
	Parenting time 
	Decision-making responsibilities
	Family property division

Question 26

What are the new terms for “custody” and “access” under the new Divorce Act?

Answer 26

Custody – is now referred to as “decision making responsibilities”
Access – is now referred to as “parenting time”

Question 27

When was the most recent date in which the Divorce Act, was revised

Answer 27

March 1, 2021

Question 28

List and describe the 3 types of decision-making responsibilities (parenting responsibilities).

Answer 28

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)

Question 29

List and describe the 3 types of parenting time.

Answer 29

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)

Question 30

What is “child support”? Does it only apply to children of a marriage and not to children of unmarried couples?

Answer 30

A court ordered payment to help support the children in the relationship. This applies for all children.

Question 31

What are the steps to calculate Section 3 child support payments?

Answer 31

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

Question 32

Where may a parent apply for child support? Which court(s)?

Answer 32

The court of Queen’s Bench of Alberta

Question 33

Name the source that is used to calculate child support payments

Answer 33

Software programs ChildView and DivoceMate or the Federal Child Support Table

Question 34

What is “spousal support

Answer 34

Financial support provided by one ex-spouse to another once a marriage or Adult interdependent relationship ends in Alberta.

Question 35

What are the documents that may be used to apply for child or spousal support?

Answer 35

Statement of Claim for Divorce and Affidavit of Applicant