midterm

Question 1

define annulment

Answer 1

the Declaration that a marriage is null and void as if it never occurred

Question 2

define certificate of acknowledgement

Answer 2

a form completed and signed by a client indicating that they received independent legal advice

Question 3

define cohabitation agreement

Answer 3

a contract made between 2 or more persons who live together

Question 4

define common law relationship

Answer 4

exists when 2 persons cohabit in a conjugal relationship for at least 3 years

Question 5

define divorce

Answer 5

legal termination of a marriage

Question 6

define family property

Answer 6

property acquired by a married couple or common law partners during the marriage or the partnership and the appreciation, during such times, of property acquired by either spouse or partner prior to and brought into the marriage or partnership

Question 7

define support

Answer 7

money which is paid by one spouse or common-law partner to the other for that others and/or children benefit during separation and/or divorce or end of cohabitation

Question 8

define petition

Answer 8

one form of originating process used to request relief of the court in family law matters

Question 9

differentiate between access and custody, explain the new changes under the divorce act and why

Answer 9

A: right of the non custodial parent to visit/have temporary care and control
C: refers to care and control of minor

Question 10

in family law, what does cohabitation refer to

Answer 10

two people living together in a CONJUGAL relationship

Question 11

what must a client be asked before proceeding with their divorce matter

Answer 11

?

Question 12

what is a financial statement and the 4 major parts to it

Answer 12

required when relief for spousal/ child support is being sought
-annual income
- monthly expenses
- assets of both parties
- debts or other liabilities of both parties

Question 13

other than divorce what relief may be sought

Answer 13

child/spousal support
occupation of family home
division of assets
parenting arrangements

Question 14

what is the child support recalculation service

Answer 14

parents seeking to have their child support order recalculated at regular intervals

Question 15

how may you legally end a common law relationship

Answer 15

couples must register a dissolution with vital statistics

Question 16

what are the parties called in family law procedings

Answer 16

petitioner + respondent

Question 17

who would be permitted to enter into a cohabitation agreement

Answer 17

two unmarried people, 18+?

Question 18

what are the requirements for two people to be considered common law partners

Answer 18

living together for at least 3 years in a conjugal relationship

Question 19

do common law partners have the same property rights as married couples

Answer 19

yes: homestead rights, family property rights and interstate succession act

Question 20

what are grounds for divorce

Answer 20

separation for 1 year, adultery and cruelty (mental/physical)

Question 21

if spouses separate, then reconcile for 50 days, will the one year separation time period need to start over again?

Answer 21

no only if more than 90 days

Question 22

describe what is meant by sole custody, split custody and shared custody

Answer 22

sole: one parent has primary care and control
split: each parent has sole custody of at least one child
shared: both parents share care and control, equal

Question 23

is it true that cohabiting persons are automatically considered common law partners?

Answer 23

conjugal at least 3 years and register vital statistics

Question 24

what are 4 requirements that must take lace for marriage to occur?

Answer 24

1) be age of majority or have parental consent if 16-18
2) follow rules against degrees of consanguinity
3) must be of sound mind
4) must consent to the marriage at their own free will

Question 25

differentiate between recalculation of child support and variation of child support

Question 26

what is a divorce judgment

Answer 26

document that is completed and filed with the court of kings bench for a judge to sign and certify

Question 27

as per the family property act, upon the breakdown of a marriage or common law relationship, what is each spouse/partner entitled to ****

Answer 27

if net family property of one party exceeds the nfp of the other, such other is entitled to one half of the difference between them

Question 28

name and describe the three spousal agreements that we discussed in class

Answer 28

prenuptial agreement: between people intending to marry , sets out provisions of how assets will be distributed in the event of a marriage breakdown marriage agreement: between people already married separation agreement: between married couples who are already separated or intending to

Question 29

what are 4 provisions that may be included in a spousal agreement

Answer 29

1) property that each is bringing into the marriage 2) how that property will be maintained 3) custody and maintenance of children 4) maintenance of the other spouse

Question 30

what is the originating process called that is used for family law matters?

Answer 30

a petition

Question 31

which document should accompany each spousal agreement

Question 32

describe two types of access

Answer 32

reasonable access: parent w non specified access must arrange for access with the parent with sole custody supervised access: court order sets out provisions of access to non custodial parent that occurs under supervision

Question 33

what is one eligibility requirement for child support calculations

Answer 33

both parents must live in Manitoba

Question 34

what do you consider when determining the correct table to use when calculating child support

Question 35

what is the name of the document in response to a petition for divorce

Answer 35

answer form 70 J

Question 36

which level of government has jurisdiction over divorce?

Answer 36

federal legislation

Question 37

describe the rights common law partnerships and spouses have under the homesteads act, the family property act and the interstate succession act

Question 38

what must be completed and filed each time documents are served on the opposing party

Answer 38

affidavit of service

Question 39

what are two other processes that may be used in family law

Answer 39

applications + motions

Question 40

where do you look to, to begin calculating child support

Question 41

q37

Question 42

differentiate between uncontested and contested divorce

Answer 42

U: no disputes w respect to property or support matters between the parties C: spouses cannot come to an agreement on property/support matters

Question 43

what is the name of the document that begins a divorce process

Answer 43

petition for divorce (form 70A)

Question 44

which document is required by spouses in the event that they wish to remarry

Answer 44

certificate of divorce form 70 P

Question 45

which document would respondent file in response to a petition for divorce if they wanted to claim divorce as well? what would the petitioner file in response to this document?

Answer 45

form 70J answer and petition for divorce

Question 46

what are family assets

Answer 46

1) all assets acquired during the marriage or partnership 2) the increase, during marriage or partnership, in value of all assets brought into the marriage or relationship 3) all inheritance intended for both parties

Question 47

which document is used when claiming relief, other than divorce?

Answer 47

reply to answer (form 70K) + divorce judgement (form 70O)