Module 10 (1) Flashcards
What is family law?
its the question of what happens when a couple splits up with regard to property, chidlren, and money
What is family law mostly about
Seperation and Divorce
Who makes the laws about creating and ending relationships?
Canada overal, makes rights around marriage and divorce
Provinces has the power over: how to get married, property, and common-law relationships
In Alberta, what act is about how to get married?
The Marriage Act
Canada as a whole (federal government) is in carge of what is marriage and who can get married, what act goes over this?
Civil Marriage Act, 2005
Why does the federal government have power over what is marriage
Because of issues with the LGBTQ. Gay marriage was allowed in the Civil marriage act since 2005, but prior to 2014, the Marriage Act of Alberta said that married was between a man and a woman.
Same-sex couples were still allowed to get married in Canada because of federal government having more power
Alberta has delt with common-law relationships by bypassing the Adulf Interdependant Relationships Act. What does this act say?
An adult interdependant relationship (AIP) that can be made up of any two people. any gender, and doesnt have to be romantic (usually is)
Section 3 of the Adult Interdependant Relationships Act states the requirements to become an AIP, what are they?
Living together;
for 3 or more years
or
“some permanence” if there is a child
OR
Enter into an AIP agreement
What is a relationship of interdependence? (according to section 1 of the act)
A relationship outside marriage where the two people
share one-anothers lives,
are emotionally committed to one another,
and function as an economic and domestic unit
What makes a couple “function as an economic and domestic unit”
Their Exclusive
Engage in sex
Hold themeslves to others as a unit
financial interdependance
According to the Divorce Act, there are three grounds for divorce, what are they?
1) Adultery (cheating)
2) Physical or mental cruelty
3) Seperation for one year
What is it called when couples use the “seperation for one year” ground for divorcing?
The “no-fault divorce”
In Canada, is your spouces consent to divorce required?
No
What 5 ways can an AIP relationship end?
- written agreement
- live seperate for more than a year
- get married
- one gets married or enters an AIP agreement with someone else
- obtain a court order called a declaration of irreconcilability
