Family Law flashcards

Kristina Torry
Flashcards by Kristina Torry, updated more than 1 year ago
Kristina Torry
Created by Kristina Torry over 5 years ago
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Flashcards on Family Law flashcards, created by Kristina Torry on 02/01/2016.

Resource summary

Question Answer
Definition of Family Law (or what does it address?) Law about the care of children, child support, spousal support, division of property and debt, separation and divorce, and family law agreements
Family Law Legislation Family Law Act Divorce Act Adoption Act Name Act Land Title Act Vital Statistics Act Child Support Guidelines
Unmarried Spouses/Common Law Couples are: Those who have been living together in a marriage-like relationship for two or more years
Which pieces of Legislation can Married Spouses use to make orders? Family Law Act and Divorce Act
Which Act can Unmarried couple use to ask for orders? (and in which circumstance can they use this act?) Family Law Act: only to ask for orders concerning the care of their children, child support, and orders protecting people (from abusive situations)
Which Act can Common Law Couples use to ask for orders (and for what?) Family Law Act: to ask for orders respecting children, spousal support, and division of property/debt
Requirements to get married Legal Capacity (must not be married) Age: must be at least 19 Mental Capacity (must be aware of what they are doing)
Marriage Agreements are also known as Cohabitation Agreements
What to Marriage Agreements do? Set out rights and responsibilities of the parties that may arise during marriage but also upon any potential separation
Through Marriage Agreements, couples can negotiate on a number of areas except: parenting time parenting responsibilities Child support
A Marriage Agreement is a good idea when: -one or both parties have significant assets/debt -One of parties expects to obtain a significant inheritance or gift during marriage -parties wish to avoid the stress that often comes at the breakdown of the marriage -one or both parties are bringing children into the marriage from a previous relationship
List a few of the subjects that Marriage Agreements can address -how will they own property during marriage -how will they divide property/debts after marriage -will spouses share in value or cost of property bought during marriage? -how will household chores be shared during marriage? -how will household expenses be paid for during marriage? how will children brought into marriage be dealt with?
Agreements for the division of property and debt can be set aside if: -a spouse failed to disclose significant assets or debts -a spouse to improper advantage or other spouse's vulnerability -spouse did not understand the nature or consequences of the agreement
Date of Separation is important because: -Date that each spouse's interest in property and debt crystallizes -Date spouses stop accumulating family property and start accumulating personal property -Starts two year time period in which common law spouses must start their court proceedings, if settlement cannot be reached
How long is the period that the divorce act allows married couples to resume cohabitation without stopping the separation clock? 90 days
What are couples' three options after separation? 1. Attempt to settle matters on their own or with the help of an out of court process (such as mediation or collaborative law) 2. Start legal proceedings in court and have a judge decide the outcome 3. give up and walk away
What is a separation agreement A contract that records a settlement of issues that arise upon the breakdown of a relationship
What are the benefits of Separation Agreements? They offer more flexibility than court orders and can be tailored to meet the specific needs of the parties
Separation Agreement Process -discuss the issues -record settlement in agreement -send agreement to other party to review with their lawyer -sign agreement -lawyer sign Certificate of Independent legal advice -file at court (becomes court order)
What family law related matters cannot be dealt with in Provincial court? matters of property and divorce
To commence a Family Law proceeding, what must be filed? FORM 1 - Application to Obtain an Order
What is the person who starts a proceeding called? Applicant
The ____ files what form in response to the applicant? The RESPONDENT files Form 3 -Reply
How long does the respondent have to file a reply? 30 DAYS
How long does the applicant have to wait before the registry serves them the reply? 21 days
If a counterclaim is filed, how long does the applicant have to file a reply to it? 30 days
What is a Family Justice Counselor? Someone who can provide further information about the court process, alternatives to litigation, and can help resolve preliminary issues
A First Appearance is what? and What can be done at it? Is with a judge. They can refer the parties to a family case conference, fix a hearing date, dismiss the party's application, make any other order as necessary
How many days does the witness have to be served before trial? 7 days
Expert Reports in Family law actions called: Section 211 Reports
Expert Reports may be conducted by who? Family Justice counsellor, social worker, psychologist, any other person approved by the court
Expert Reports must be filed in court and provided to all parties ___ before trial 30 days before
What is the purpose of a Trial Book? to organize evidence to record information about what their witnesses will say to write out key questions they need to ask to prove things that are important to prove case
Flow of a trial Examinations in chief cross examination expert reports opening/closing statements case law (in binder)- bring 3 copies
How long before a trial can you change a trial date? 45 days (if filing a consent to adjourn)
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