FP 2 (7)- Family Law

Question 1

Parents Patriae

Answer 1

allows the court to make or revise any separation agreement and to intervene if necessary to protect a child’s right

Question 2

4 Objectives for Court Order Spousal Support

Answer 2

1. Recognition of financial consequences arising from taking care of children
2. Recognition of economic advantages and disadvantages
3. Relief from Economic Hardship
4. Establishment of economic self-sufficiency

Question 3

What are the 2 grounds for divorce

Answer 3

1. Lived separate and apart for at least 1 year

2. In the beginning of the marriage one spouse committed adultery or physical mental cruelty

Question 4

Division of Assets at Death

Answer 4

1. Properly distribute according to will

2. Equalization payments as if the spouses were separated 1 day before death

Question 5

What are non family assets that are excluded from division of assets

Answer 5

• property other than the matrimonial home that was taken into the marriage
• property other than the matrimonial home that was received as an inheritance or gift after the marriage commenced
• Damages or the right to damages for personal injury, mental distress
• proceeds from right or life insurance policy
• property that spouses agreed as part of a domestic agreement not to be considered family assets
• unadjusted CPP pension benefits

Question 6

What is “Right in Rem”

What is “ Right in Personam”

Answer 6

Right in Rem: the ownership of certain assets will transfer from one spouse to the other

Right in Personam: What is purchased and owned by each spouse during the marriage will stay with them. The other spouse will receive an equalization payment