Family Law Module 2

Front 1

The matter of how a marriage is to be solemnized (formalized) is a matter within the jurisdiction of the ______. In that regard, the Alberta government created the ______. To be legally married in Alberta, the parties must comply with the requirements of the _____, which include the following: 4

Back 1

provincial governments

Marriage Act of Alberta Marriage Act

The couple must obtain a marriage license prior to the solemnization of the marriage and the marriage ceremony must occur within 90 days of the issuance of the license;

The couple must exchange vows in front of a marriage commissioner or clergy person authorized to perform marriage ceremonies;

The exchanging of vows must be done in the presence of two adult witnesses; and

The marriage must be registered with the Alberta government.

Front 2

The Marriage Act of Alberta also sets out the age requirement for persons to be married. Generally, a person must be _____ to marry in Alberta. However, it is possible for a person between the ages of _____to marry provided that person has ______. If this consent cannot be obtained, the person may apply to the ____. Persons under the age of 16 years cannot marry unless ____.

Back 2

18 years of age

16 and 18 years

the consent of his/her guardians

Court to dispense with the consent

the person wanting to marry is female and a physician’s certificate shows that the female is pregnant or the mother of a living child.

Front 3

A marriage can be terminated by 3 _____. In order to obtain a divorce, one of the parties must start a court action (in _____) by filing a _______ and then see the court procedure through to completion by the Court granting a _______.

Back 3

A marriage can be terminated by divorce, declaration of nullity (annulment), or death. In order to obtain a divorce, one of the parties must start a court action (in the Court of Queen’s Bench) by filing a Statement of Claim for Divorce and then see the court procedure through to completion by the Court granting a Divorce Judgment. The grounds for divorce and the procedure for obtaining a divorce will be covered in Modules 6 an

Front 4

Spouses are obligated to financially support one another, and in the event that the spouses separate, each may be able to make a claim for _____ (under ______);

Back 4

financial support from the other

either the Divorce Act or the Family Law Act

Front 5

The definition of Adult Interdependent Partner requires that:Two persons live together in a relationship of interdependence for:

Or

Back 5

A continuous period of not less than three years; orA period of some permanence, if there is a child of the relationship by birth or adoption.

Or Two persons live or intend to live together in a relationship of interdependence and enter into an Adult Interdependent Partner Agreement.

Front 6

_______provides further direction on which two persons may or may not legally be Adult Interdependent Partners, and what it means to be in a relationship of interdependence.

Back 6

The Adult Interdependent Relationships Act

Front 7

Unlike a marriage, an Adult Independent Partner relationship can be terminated without the necessity of a _____. An Adult Interdependent Partner relationship can be terminated by: 4

Back 7

court process.

The partners entering into a written agreement to end the relationship;

The partners marrying each other;

One of the partners marrying someone else; or

The partners separating for a period of one year.

Front 8

There are some Alberta statutes that do not recognize the Adult Interdependent Partner and continue to afford legal rights and obligations to legally married couples only. For example: 2

Back 8

Adult Interdependent Partners are not included under the Matrimonial Property Act; and

Adult Interdependent Partners are not included under the Dower Act.

Front 9

Similarly, the issue of which parent will have ______of a child or which parent will make decisions for a child in the situation of separation or divorce of the parents will be determined on the basis of _______ regardless of whether ________.

Back 9

physical care