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Law - Marriage & Family Matters

schoolstudycanada's version from 2018-06-15 11:21

Section 1

Question Answer
Void ab initioLATIN: "to be treated as invalid from the outset"
BigamyWhen a person is married to two people at the same time
Co-habitationAlso known as COMMON-LAW
DuressUnder threat of life, health, freedom
- If proven courts will annul the marriage
AnnulmentDeclaration in court that the marriage never existed
Marriage agreement
Consanguity(related to by marriage) e.g: Women cannot marry her husbands son, daughters husband, granddaughters husband, niece's husband
ConsummationAct of sex to finish a marriage
PetitionerParty who initiates the divorce
Affinity(Related to by blood) e.g: A woman can't marry her grandfather, father, brother, son
Bans of marriageSet of phrases said by a judge, minister, justice of the Peace
MarriageLegally binding contract
DivorceContract terminates
What does the federal government do?- The Marriage Act
- The Divorce Act
What does the provincial government do?- Formalizes requirements for Marriange and Responsibility FOR CHILDREN
- Family-law-act
- Children's law reform act
What does the municipal government do?Hands out marriage licenses (which are given by the provincial government)
ESSENTIAL Requirements of marriage- proper mental capacity
- lack of prohibited relationships
- lack of current marriages
- Genuine consent
- Minimum age
- Sexual capacity (be able to engage in intercourse)
FORMAL Requirements of marriage- Possession of a marriage license
- Bands of marriage declared
- Marriage ceremony must be witinssed by at least 2 people over 18
- Ceremony performed by someone who is authorized
- Both parties declare reason for marriage
- Must take each other as "lawfully wed"
- Must be pronounced husband and wife

Section 2

Question Answer
AccessReasonable, Defined acccess, supervised access
Child support
Spousal support
Does the Tender Years Docterine affect custody of teenagers?
Sole custody
Joint custidy
Shared custody
Split custody
Self sufficiency
Matrimonial home division
Common-law relationship division
Upon death division
Reasonable Access
Defined Access
Supervised access