Provincial Law Six

Question 1

What Does FLA Stand For?

Answer 1

Family Law Act

Question 2

Family Law Act (FLA)

Parts:

Answer 2

Part I - Family Property
Part II - Matrimonial Home
Part III - Support Obligations
Part IV - Domestic Contracts
Part V - Defendants Claim to
Damages
Part VI - Amendments to Common Law

Question 3

Definitions:

“Spouse” under the FLA:

Answer 3

• Spouse mean either of two people who,

1.) Are legally married to each other

2.) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right

FLA 1 (1)

Question 4

Definitions:

Matrimonial Home

Answer 4

• The residence where the spouses lived together prior to separation
• Legally married
  -Excludes property used for purpose other than residential, eg Garage, workshop, office

Question 5

Restraining order

Question 6

Order of exclusive possession (Property)

Answer 6

• Matrimonial home
• If a spouse contravenes court order of exclusive possession
  -PO may arrest on R&PG under FLA
• Proceed Via POA - Part III

Question 7

Restraining order (Persons)

Answer 7

• Includes cohabitated
• if breach conditions:
  Arrest / charge disobey court order sec 127 C.C if order made after Oct 15, 2009