Unit 5 Family Law

Question 1

Annulment

Answer 1

An annulment is a court order stating that 2 spouses were never legally married, letting the marriage end without divorce. Grounds for annulment include lack of an essential requirement affecting one of the spouses, a legal defect in the marriage ceremony, and non-consummation of the marriage.

Question 2

Monogamy vs. Bigamy

Answer 2

Monogamy is the state of being married to only one person at a time.
Bigamy is the crime of being married to 2 people at a time.

Question 3

Requirements of marriage

Answer 3

Mental capacity, genuine consent, minimum age, close relationships (you can’t be too closely related), and unmarried status.

Question 4

Cohabitation and common law marriage

Answer 4

Cohabitation means living together. Since most married couples live together and so do friends and roommates, it’s often called a common law marriage. In Manitoba a common law relationship can be established through registration with the vital statistics agency or by living together in a conjugal relationship for a certain period. Registered couples are considered common law immediately while those who cohabit for at least 3 years are also considered common law. If a couple has a child together the time period is reduced to one year.

Question 5

Matrimonial home

Answer 5

The home where spouses live while married.

Question 6

Society wardship vs. Crown wardship

Answer 6

Society- a court order granting temporary legal custody of a child to a child protection agency (also called temporary wardship).
Crown wardship- a court order granting permanent legal custody of a child to the crown represented by a child protection agency.

Question 7

Surname

Answer 7

You do NOT have to change your surname when getting married

Question 8

Access order

Answer 8

When you can legally visit a child when separated

Question 9

Joint custody and shared parenting

Answer 9

Joint custody- the care and control of a child shared by both parents
Shared parenting- An arrangement where both parents have equal or similar rights concerning their child’s care and custody.

Question 10

Interim custody order

Answer 10

A temporary court order for a custody of a child before custody is finalized

Question 11

Divorce

Answer 11

The legal ending of a marriage

Question 12

Engagement as a contract

Answer 12

An engagement ring and other outright gifts become the other person’s property. You cannot Sue your partner afterwards to get it back as it’s not their property.

Question 13

Types of child abuse

Answer 13

Physical- physical force used against a child (hitting, choking, burning, etc.)
Sexual- sexual activity with a child (incest, child pornography, etc)
Emotional- attack on child’s self worth (constant yelling, insults, rejection, humiliation, etc.)
Neglect- failure to look after a child’s physical, emotional, and psychological needs (failure to provide adequate food, clothing, shelter, etc)

Question 14

Prohibitions of marriage

Answer 14

Age gap, close relations, consent, parental consent if too young, at least two witnesses,

Question 15

Changes family law

Answer 15

1.Women’s right,
2.electric and fossil fuel motors (more factories and machines less labour),
3.governments now provide social services,
4.medical technology affecting reproduction (birth control, abortion, etc),
5.attitude toward divorce, remarriage, etc,
6.increased standard or living (expected to have multiple cars, tv’s, dishwasher, etc),
7.and immigration bring diversity.