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51 Cards in this Set
- Front
- Back
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Are the legal rights and obligations of common law couples are the same as married couples?
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Yes
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Who has exclusive jurisdiction to pass laws in relation to the essential validity of marriage?
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The Parliament of Canada
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Who has exclusive power to deal with such ceremonial requirements as the need for a license, the authority of a persons to officiate at marriage ceremonies , the form of ceremony, the need for witnesses, etc.
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The individual provinces
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What is formal validity of a marriage?
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The law that is determined by the place where the ceremony occurred.
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If two Canadians were to get married in Mexico, which laws would they have to follow in terms of marriage formalities?
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Mexican laws for formalities, but Canadian laws govern their capacity to marry one another.
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Where are the formal requirements for marriage in Ontario set out?
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The Marriage Act
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In the marriage act, it states that __ witnesses must be present at the time of the marriage ceremony.
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Two
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What is the youngest age that a person can obtain a marriage license without parental consent? How old with parental consent?
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18, 16
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Does Canada permit a marriage between 3 or more people?
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No
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Who has exclusive jurisdiction over divorce?
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The Parliament
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How is a breakdown of marriage determined?
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1. If the spouses have lives separate and apart for at least 1 year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding. OR 2. The spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty of such kind as to render the continued cohabitation of the spouses.
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Who has the authority to establish the rules governing the sharing or division of property between spouses and between common law partners?
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The provinces
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Upon divorce, how much of the estate are both married people entitled to?
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Equal shares
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Why are both married people entitled to equal shares of the estate upon divorce?
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Because both spouses make a vital and essentially equal contribution to the economic viability of the family unit and hence, to the acquisition of wealth by the unit.
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What happened in the 1987 case called Chauvin v. Chauvin?
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The mother who has sole custody, transferred two boys from a French language school to the English language school so that they would not need to be bussed. The father objected and the court decided it was in the boys' best interest to return to the French school
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Generally, how is the ownership of property between spouses determined?
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By ordinary rules of property law
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What does NFP stand for?
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Net Family Property
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When triggering events happen, how is the finances distributed?
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The spouse with the lesser NFP is entitled to one-half of the difference between them.
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What are the triggering events as described in the FLA?
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1. When a divorce is granted
2. When a marriage is declared a nullity 3. When spouses are separated and there is no reasonable prospect of resumed cohabitation. |
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When a spouse dies, what is the surviving spouse entitled to?
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One-half of the difference between his or her NFP and that of the deceased spouse. (Larger value minus the smaller value, and divided by two)
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Upon divorce, what happens if only one spouse has an interest in a matrimonial home?
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The other spouse only has a personal relationship with it and it ends when they cease to be spouses, unless a separation agreement or court order states otherwise.
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What is a matrimonial home?
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Every property in which a person has an interest and that is (or was if the spouses have separated) ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.
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If the matrimonial home is on a farmland in which there is land that is used for purposes other than residential, what happens?
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The matrimonial home is only the part of the property that may reasonably be regarded as necessary to the use and enjoyment of the residence.
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Who has possession of the matrimonial home?
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Both of the spouses have equal rights to the matrimonial home.
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Which province(s) have legislation extending support obligations to unmarried couples?
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All except for Quebec.
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What does the term "spouse" refer to in federal legislation?
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A married person
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True or False:
There are NO federal statues that treat unmarried partners who have cohabited for at least a year in the same way as they treat married couples. |
False. Almost all federal statues treat them the same.
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What does the term "common-law partner" refer to in federal legislation?
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A person who has lived with another (in a conjugal relationship) for a period of at least one year.
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Who has jurisdiction over marriages and divorces?
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The Parliament of Canada.
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True or False:
Although the Parliament of Canada has jurisdiction over "marriage and divorce" it cannot deal generally with rights and obligations of persons who are cohabiting outside of marriage. |
True.
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Who determines whether unmarried cohabitants have support obligations towards one another and whether there are special rules regarding their property?
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The provincial legislation.
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True or False:
Most provinces, including Ontario, have extended their statutory matrimonial property rules to unmarried couples on the same terms as married persons. |
False, most provinces have not done this.
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True or False:
In Halpern v. Attorney General of Canada, the Ontario Court of Appeal held that the common law definition of marriage was inconsistent with the Canadian Charter of Rights and Freedoms to the extent that it excluded same-sex couples. |
True. See F-8, 2nd paragraph
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Which of the following is NOT recognized as a ground that will establish the breakdown of a marriage:
1) Adultery 2) Physical or mental cruelty 3) The commission of a criminal offense by one of the parties 4) Living separate and apart for at least one year. |
3. The commission of a criminal offense by one of the parties is not a ground for the breakdown of a marriage.
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Bill and Fran lived "common-law" for 15 years and had 2 children together. They decide to separate. In this situation, a court can do what under the Divorce Act?
1. Grant custody orders. 2. Grant access orders. 3. Grant an order that the custodial parent must notify the other parent of any change of the children’s address. 4. None of the listed choices. |
4. The Divorce Act does not apply to individuals who are not legally married.
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The Family Law act does NOT contain:
1. Rules governing the sharing or division of property between spouses and between common law partners. 2. A framework for spouses to enter into domestic contracts. 3. Criminal sanctions for young offenders. 4. Rules governing the possession of and dealings with matrimonial homes. |
3.
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Which of the following is true regarding the Spousal Support Advisory Guidelines?
1) The same support formula applies regardless of whether the children are dependants at the time that spousal support is determined. 2) If there are no dependent children at the time the spousal support is determined, the "without child support formula" applies. 3) Income of the recipient spouse does not affect the amount of support. 4) All judges have been vocal supporters of the concept of spousal support guideline |
2. If there are no dependent children at the time the spousal support is determined, the "without child support formula" applies.
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Which one of these is NOT a type of domestic contract listed in the Family Law Act?
1) Marriage contract. 2) Political affiliation agreement. 3) Cohabitation agreement. 4) Separation agreement. |
2) Political Affiliation Agreement
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True or False:
In all provinces, unmarried cohabitants that meet various criteria have support obligations towards one another. |
False, Quebec does not.
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What are the two main formulas in the 'Spousal Support Advisory Guidelines'?
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The "without child support formula" and the "with child support formula"
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When do the guidelines indicate that spousal payments should be indefinite?
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When the marriage lasts 20 years or more, or when the marriage lasts 5 years or more and the years of marriage and the age of the support recipient (at separation) added together gives a total of 65 or more.
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What happened in the case Cassidy v. McNeil?
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They were married for 23 years with 3 children. The wife was subordinate to the husbands' career. Upon separation the income of the husband was $137000 whereas the income of the wife was $85000. The wife is to pay child care and the husband is to pay spousal support indefinitely.
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What does CLRA stand for?
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Children's Law Reform Act
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True or False:
While parents of a child are cohabiting, either parent may exercise the rights and accept the responsibilities of a parent on behalf of the couple in respect of the child. A parent does not need consent from the other parent to do so. |
True
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What happens if there is a custody agreement but one of the parties wants to change it?
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They may apply for a court order.
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When can custody and access orders be made?
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In divorce proceedings or in corollary relief proceedings after the divorce. The are made under the Divorce Act.
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What is "parallel parenting"?
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It is when each parent has final decision making authority in some areas of a child's life. For example, one parent can make final decisions over the child's education and the other parent can make final decisions over the child's medical care.
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Under which Act does it state that parents have an obligation to support their children?
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The Family Law Act (FLA)
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Generally, how is the amount of child support determined?
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Generally it is determined solely by the income of the payor spouse.
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How many different kinds of domestic contracts are there and what are they?
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There are 3 main kinds of domestic contracts: cohabitation agreements (for common-law partners), marriage contracts, and separation agreements.
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In Ontario, is a pre-nuptual agreement considered a cohabitation agreement, marriage contract or separation agreement?
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It is considered a marriage contract in Ontario.
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