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family law midterm > midterm > Flashcards

midterm Flashcards

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1
Q

define annulment

A

the Declaration that a marriage is null and void as if it never occurred

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2
Q

define certificate of acknowledgement

A

a form completed and signed by a client indicating that they received independent legal advice

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3
Q

define cohabitation agreement

A

a contract made between 2 or more persons who live together

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4
Q

define common law relationship

A

exists when 2 persons cohabit in a conjugal relationship for at least 3 years

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5
Q

define divorce

A

legal termination of a marriage

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6
Q

define family property

A

property acquired by a married couple or common law partners during the marriage or the partnership and the appreciation, during such times, of property acquired by either spouse or partner prior to and brought into the marriage or partnership

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7
Q

define support

A

money which is paid by one spouse or common-law partner to the other for that others and/or children benefit during separation and/or divorce or end of cohabitation

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8
Q

define petition

A

one form of originating process used to request relief of the court in family law matters

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9
Q

differentiate between access and custody, explain the new changes under the divorce act and why

A

A: right of the non custodial parent to visit/have temporary care and control
C: refers to care and control of minor

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10
Q

in family law, what does cohabitation refer to

A

two people living together in a CONJUGAL relationship

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11
Q

what must a client be asked before proceeding with their divorce matter

A

?

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12
Q

what is a financial statement and the 4 major parts to it

A

required when relief for spousal/ child support is being sought
-annual income
- monthly expenses
- assets of both parties
- debts or other liabilities of both parties

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13
Q

other than divorce what relief may be sought

A

child/spousal support
occupation of family home
division of assets
parenting arrangements

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14
Q

what is the child support recalculation service

A

parents seeking to have their child support order recalculated at regular intervals

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15
Q

how may you legally end a common law relationship

A

couples must register a dissolution with vital statistics

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16
Q

what are the parties called in family law procedings

A

petitioner + respondent

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17
Q

who would be permitted to enter into a cohabitation agreement

A

two unmarried people, 18+?

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18
Q

what are the requirements for two people to be considered common law partners

A

living together for at least 3 years in a conjugal relationship

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19
Q

do common law partners have the same property rights as married couples

A

yes: homestead rights, family property rights and interstate succession act

20
Q

what are grounds for divorce

A

separation for 1 year, adultery and cruelty (mental/physical)

21
Q

if spouses separate, then reconcile for 50 days, will the one year separation time period need to start over again?

A

no only if more than 90 days

22
Q

describe what is meant by sole custody, split custody and shared custody

A

sole: one parent has primary care and control
split: each parent has sole custody of at least one child
shared: both parents share care and control, equal

23
Q

is it true that cohabiting persons are automatically considered common law partners?

A

conjugal at least 3 years and register vital statistics

24
Q

what are 4 requirements that must take lace for marriage to occur?

A

1) be age of majority or have parental consent if 16-18
2) follow rules against degrees of consanguinity
3) must be of sound mind
4) must consent to the marriage at their own free will

25
Q

differentiate between recalculation of child support and variation of child support

A
26
Q

what is a divorce judgment

A

document that is completed and filed with the court of kings bench for a judge to sign and certify

27
Q

as per the family property act, upon the breakdown of a marriage or common law relationship, what is each spouse/partner entitled to **

A

if net family property of one party exceeds the nfp of the other, such other is entitled to one half of the difference between them

28
Q

name and describe the three spousal agreements that we discussed in class

A

prenuptial agreement: between people intending to marry , sets out provisions of how assets will be distributed in the event of a marriage breakdown
marriage agreement: between people already married
separation agreement: between married couples who are already separated or intending to

29
Q

what are 4 provisions that may be included in a spousal agreement

A

1) property that each is bringing into the marriage
2) how that property will be maintained
3) custody and maintenance of children
4) maintenance of the other spouse

30
Q

what is the originating process called that is used for family law matters?

A

a petition

31
Q

which document should accompany each spousal agreement

A
32
Q

describe two types of access

A

reasonable access: parent w non specified access must arrange for access with the parent with sole custody
supervised access: court order sets out provisions of access to non custodial parent that occurs under supervision

33
Q

what is one eligibility requirement for child support calculations

A

both parents must live in Manitoba

34
Q

what do you consider when determining the correct table to use when calculating child support

A
35
Q

what is the name of the document in response to a petition for divorce

A

answer form 70 J

36
Q

which level of government has jurisdiction over divorce?

A

federal legislation

37
Q

describe the rights common law partnerships and spouses have under the homesteads act, the family property act and the interstate succession act

A
38
Q

what must be completed and filed each time documents are served on the opposing party

A

affidavit of service

39
Q

what are two other processes that may be used in family law

A

applications + motions

40
Q

where do you look to, to begin calculating child support

A
41
Q

q37

A
42
Q

differentiate between uncontested and contested divorce

A

U: no disputes w respect to property or support matters between the parties
C: spouses cannot come to an agreement on property/support matters

43
Q

what is the name of the document that begins a divorce process

A

petition for divorce (form 70A)

44
Q

which document is required by spouses in the event that they wish to remarry

A

certificate of divorce form 70 P

45
Q

which document would respondent file in response to a petition for divorce if they wanted to claim divorce as well? what would the petitioner file in response to this document?

A

form 70J answer and petition for divorce

46
Q

what are family assets

A

1) all assets acquired during the marriage or partnership
2) the increase, during marriage or partnership, in value of all assets brought into the marriage or relationship
3) all inheritance intended for both parties

47
Q

which document is used when claiming relief, other than divorce?

A

reply to answer (form 70K) + divorce judgement (form 70O)

family law midterm (1 decks)

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