Family Law Flashcards
(17 cards)
1
Q
Family
A
Relations of birth and affinity
2
Q
Family (Expanded)
A
- The fundamental building block of society
- The notion of ‘family’ is a highly subjective term (has been highly politicized)
- Changed to the family have reflected changes in culture
3
Q
Changes to the Family
A
- changes to the structure of the family
- changes to household wage earnings
- increase in common law partnerships
- legalization of same-sex marriage
- new reproductive technologies
- increase in the divorce rate
4
Q
Family Law
A
law relating to the family and domestic relations
5
Q
Family Law Includes
A
- law related to legal unions (marriages, partnerships)
- cohabitations
- shared property
- parenting
- adoption
- separation and divorce
- division of assets
- child custody + support, etc.
6
Q
In Canada,
A
there is divided jurisdiction between the federal and provincial governments
7
Q
Family Law Cases Account For…
A
a disproportionate amount of time in the judicial system
8
Q
Family Law Introduces…
A
a contractual element to the family
9
Q
Changes in Family Law
A
- Has changed more than any other area of law in the last 50 years
- Has corresponded with changes in the family
- Family law has grown significantly
10
Q
M. v. H. (1999)
A
- Challenged the Ontario Family Act
- Concerned the meaning of “spouse” and whether it applied to same-sex couples
- Partition of property and spousal support
11
Q
Civil Marriage Act (2005)
A
a federal statue legalizing same-sex marriage across Canada
12
Q
Divorce
A
- a petition under federal jurisdiction for a dissolution of a marriage
- 1960/70s rise in divorce rates due to a number of factors
13
Q
Divorce Act of 1968:
A
- the first federal statue
- grounds for petition primarily based on the notion of fault (Sec. 3 + 4)
- separation of 3-5 years required (no-fault), (sec.4)
14
Q
Knoll v. Knoll (1970)
A
- Determination of mental cruelty
- Wife faced mental cruelty for years and field for divorce on the basis of this cruelty
- At first, she was denied as there was no “evidence” to show her torture
- Went to Ontario Court of Appeal and divorce was granted
15
Q
Divorce Act of 1985:
A
fault still required
16
Q
Section 8
A
no-fault divorce (1 year separation)
- Important legal factors include: spousal support (sections 15+17), and child support (section 16)
17
Q
Annulment
A
the legal nullification of a marriage under certain circumstances
