The law and relationships

Question 1

Marriage

Answer 1

The federal government has jurisdiction over the essentials of marriage and divorce.

Question 2

Common law relationship

Answer 2

Two people living together but are not legally married.

Question 3

Cohabitation agreement

Answer 3

Contract between common law partners who are cohabitating (living together)

Question 4

Adult interdependent relationship

Answer 4

Someone living in a relationship of interdependence for at least 3 years, who has lived in a relationship of some permanence, have a child of the relationship by birth or adoption, share each others lives, are emotionally committed to each other, and function as an economic and domestic unit.

Question 5

What are the 5 requirements of marriage in Canada?

Answer 5

Mental capacity, genuine consent, minimum age, close relationship, unmarried status

Question 6

Mental capacity

Answer 6

Both parties understand the nature of their marriage and the duties and responsibilities it creates.

Question 7

Genuine consent

Answer 7

Persons getting married must consent to it freely. If a person is forced or there is a mistake, marriage may be voided.

Question 8

Minimum age

Answer 8

Both parties must be old enough in Canada. Minimum age is 16 with parents consent, 18 w/o parent consent.

Question 9

Close relationships

Answer 9

Cannot marry someone closely related to you.

Question 10

Consanguinity

Answer 10

Blood relationships or adoption cannot legally marry

Question 11

Unmarried status

Answer 11

Both parties must be unmarried at the time of their marriage

Question 12

Monogamy, Bigamy, Polygamy

Answer 12

A person married to only one spouse at a time. A person enters into a second marriage while still married. Being in a relationship or married to two or more persons at the same time. Last two are illegal.

Question 13

What are formal requirements of marriage (solemnization)

Answer 13

Issuing marriage licences or Banns of marriage which is read in the couples place of worship. Performing the marriage ceremony, must have two people to witness. Establishing age requirements. Registering the marriage, legal requirement.

Question 14

Ending a relationship in common law

Answer 14

Each partner can only ever claim the property they owned individually, each person is responsible for their own debts, assets entitled to both of their names re given 50/50. Either one will need to buy the other out, or the asset is sol and sale is divided evenly.

Question 15

Seperation

Answer 15

An intermediate step between marriage and divorce. This does not end a marriage.

Question 16

When is a separation valid?

Answer 16

When either spouse proves that they sleep separately, share little to no activities, and live separate lives.

Question 17

Separation agreements usually outline:

Answer 17

Child custody, visitation rights, spousal and child support, ownership and division of property and debts, if the family house is sold or not.

Question 18

Divorce

Answer 18

Legally ends a marriage.

Question 19

What does an application for divorce outline?

Answer 19

Where and when the marriage occurred, the ground(s) for divorce, the children’s names and ages, custody and access to the children, financial support for the children, who is responsible for the payment, financial support for applicant (if needed), division of property and property claims.

Question 20

Uncontested

Answer 20

A divorce being resolved after discussion and negotiation w/o having a hearing before a judge.

Question 21

No fault divorce

Answer 21

Neither party is at fault for the divorce, the marriage has simply broken down.

Question 22

When does a no fault divorce occur?

Answer 22

The spouses have separated for at least one year and were living apart when the divorce petition was filed. Adultery was committed by either spouse during marriage. A spouse has been treated with serious physical or mental cruelty and can no longer live together.

Question 23

Equalization payment

Answer 23

The amount that one spouse must pay to the other.

Question 24

Spousal support

Answer 24

To compensate one spouse for any financial losses suffered because of the marriage breakdown.

Question 25

What are the two main elements of spousal support?

Answer 25

The needs of the spouse requiring support. The ability of the other spouse to pay.