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