midterm Flashcards
define annulment
the Declaration that a marriage is null and void as if it never occurred
define certificate of acknowledgement
a form completed and signed by a client indicating that they received independent legal advice
define cohabitation agreement
a contract made between 2 or more persons who live together
define common law relationship
exists when 2 persons cohabit in a conjugal relationship for at least 3 years
define divorce
legal termination of a marriage
define family property
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
define support
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
define petition
one form of originating process used to request relief of the court in family law matters
differentiate between access and custody, explain the new changes under the divorce act and why
A: right of the non custodial parent to visit/have temporary care and control
C: refers to care and control of minor
in family law, what does cohabitation refer to
two people living together in a CONJUGAL relationship
what must a client be asked before proceeding with their divorce matter
?
what is a financial statement and the 4 major parts to it
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
other than divorce what relief may be sought
child/spousal support
occupation of family home
division of assets
parenting arrangements
what is the child support recalculation service
parents seeking to have their child support order recalculated at regular intervals
how may you legally end a common law relationship
couples must register a dissolution with vital statistics
what are the parties called in family law procedings
petitioner + respondent
who would be permitted to enter into a cohabitation agreement
two unmarried people, 18+?
what are the requirements for two people to be considered common law partners
living together for at least 3 years in a conjugal relationship
do common law partners have the same property rights as married couples
yes: homestead rights, family property rights and interstate succession act
what are grounds for divorce
separation for 1 year, adultery and cruelty (mental/physical)
if spouses separate, then reconcile for 50 days, will the one year separation time period need to start over again?
no only if more than 90 days
describe what is meant by sole custody, split custody and shared custody
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
is it true that cohabiting persons are automatically considered common law partners?
conjugal at least 3 years and register vital statistics
what are 4 requirements that must take lace for marriage to occur?
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
differentiate between recalculation of child support and variation of child support
what is a divorce judgment
document that is completed and filed with the court of kings bench for a judge to sign and certify
as per the family property act, upon the breakdown of a marriage or common law relationship, what is each spouse/partner entitled to **
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
name and describe the three spousal agreements that we discussed in class
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
what are 4 provisions that may be included in a spousal agreement
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
what is the originating process called that is used for family law matters?
a petition
which document should accompany each spousal agreement
describe two types of access
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
what is one eligibility requirement for child support calculations
both parents must live in Manitoba
what do you consider when determining the correct table to use when calculating child support
what is the name of the document in response to a petition for divorce
answer form 70 J
which level of government has jurisdiction over divorce?
federal legislation
describe the rights common law partnerships and spouses have under the homesteads act, the family property act and the interstate succession act
what must be completed and filed each time documents are served on the opposing party
affidavit of service
what are two other processes that may be used in family law
applications + motions
where do you look to, to begin calculating child support
q37
differentiate between uncontested and contested divorce
U: no disputes w respect to property or support matters between the parties
C: spouses cannot come to an agreement on property/support matters
what is the name of the document that begins a divorce process
petition for divorce (form 70A)
which document is required by spouses in the event that they wish to remarry
certificate of divorce form 70 P
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?
form 70J answer and petition for divorce
what are family assets
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
which document is used when claiming relief, other than divorce?
reply to answer (form 70K) + divorce judgement (form 70O)
