Unit 4

Question 1

Essential requirements for marriage

Answer 1

1. Mental Capacity - must understood nature of ceremony and duties/obligations, can’t if lack the capacity
2. Close relationship - can’t marry relations or adopted
3. Unmarried status - monogamy accepted
4. Genuine Consent - persons must consent freely
5. Minimum Age - each province a min. (16 w/parental consent in ON)
6. Sexual Capacity - legalizing

Question 2

Annulment

Answer 2

2 spouses were never legally married; either: lack of essential requirements or legal defect, or non-consummation (sexual intercourse)

Question 3

Separation

Answer 3

legal as soon as spouses stop living together for good.

- separation agreement: outlines child custody w/ visitation rights, written/signed/witnessed

Question 4

Divorce

Answer 4

ends a marriage. Only valid reason is marriage breakdown

1. couple living separate after 90 days
2. one of spouses committed adultery
3. mental/physical cruelty (constant criticism, alcoholism,)

Question 5

prenupt agreement

Answer 5

opt out of an equal division of property

Question 6

Spousal Support - Factors Determining it

Answer 6

not automatic, length of the support depends - fixed.

- assets and financial status of spouse, ability to be self-supporting, age/health, length, etc

Question 7

Child Support

Answer 7

both parents must support children financially

- Federal Divorce Act outlines process in a divorce

Question 8

access

Answer 8

non-custodial parent’s right to visit/inform of child, based on “best interests of child”