Module 4 Family law and life cycle Flashcards
Separation Agreement
A contract between spouses in which they agree to live separet lives and set various conditions. Separated spouses are still married. It is covered by contract law
Spousal Couple
2 perspons who are living in a conjugal relationship for at least one year and/or have childrun regardless weather they are married
Child Support
Obligation to support childrun under 18 or in full time attendace at school. Since may 2006 support is based on the gross earning of the non custodial parent. It is not taxable/tax deductible
Spousal support
In the event of a marriage breakdown, each spouse has the obligation to support the other spouse to the extent that support is needed and can be aforded. Taxable/tax deductible
3 Elements concidered when determining spuosal support
1) Lenght of cohabitation
2) function performed by each spouse
3) Existing agreement
4 Objectives of spousal support
1) Compensate for adv or disadv arising from the breakdown
2) Apportion consequences from child support
3) Releif heardship from the breakdown
4) Promote economic self suficiency
Divorce
Legal termination of a marriage granted by a court under the federal divorce act. Starts by a petition by one party to a court asking for the marriage to be disolved
3 Grounds for Divorce
1) lived separately for a year
2) Infidelity
3) Cruelty
Division of Property
Separation between what was owned before the marriage and what was acquired during. Can not be enforced by unmarried couples
6 things that are not devided in division of property
- Matrimonial home
- property excluded in prenuptial contract
- Gifts, inheritance, proceeds from settlements
- Personal items
- Proceeds from life insurance
- property acquired after separation
Matrimonial Home
Every property that was at time of the separation occupied by both spouses. Both spouses have equal right to the matrimonial home
Mediator
Independant 3rd party who works with couples to help them find ways to resolve disputed issued
Arbitrator
Retired juge or lawyer who listens to both sides and makes a decision
Colaborative Family Law
Lawyers and clients agree to negociate a settlement without resorting to court
4 Consumption stages in a family life cycle
Stage 1: Consumption > Income
Stage 2: Comsumption < Income
Stage 3: Income > Consumption
Stage 4: Consumption > Income
8 Categories in life cycle
1-Young + Single 2-Young + Couple 3-Couple + Childrun 4-Single + Childrun 5-Older + Couple 6-Older + Single 7-Retired + Couple 8-Retired + Single
Financial Intermediation
Transfering money from surplus economic units to units that have economic uses for the money
The “Four Pillars” of the financial system
Banks, Trust companies, Life insurance companies, Investment dealers
Bank of Canada
Controled by the federal gov, it controles monetary policy
2 types of Chartered Banks
Schedule A: 5 big banks with extensive network
Schedule B: Foreign owned with little or no retail branch
Trust Companies
Offer spé trust managment services such as estate managment and spé trust funds
Caisses populaires and credit unions
Mutual associations owned by their own customers. Are connected and formed through a social network
Mortgage and loan companies
Provie comercial and residential mortgages and finances them by taking on term loans
Investment dealers
Provides primary investmens services to sell nd buy securities
Genera Insurance Companies
Also property, casualty and liability insurance
Mutual fund companies
Holds pools of securities, shares of which are sold to customers who become unit holders
What are the 2 most contentious issues in a separation agreement
- Child custody
- Financial disclosure
What is the importance of each of these items for a Yonger single person: Budgeting; Income Tax; Risk Managment; Debt Managment; Investment; Retirement planning
Budgeting: High Income tax: Low Risk Managment: Low Debt Managment: Medium Investment: Low Retirement planning: Low
What is the importance of each of these items for a Older Couple with independant childrun: Budgeting; Income Tax; Risk Managment; Debt Managment; Investment; Retirement planning
Budgeting: Med Income tax: High Risk Managment: Med Debt Managment: Med Investment: High Retirement planning: Med
Financial Life cycle
Stages of differing financial positions and earning power a person goes through during their life