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Lecture 2

LEGL-280 Lecture Notes - Lecture 2: Zoophilia, Condonation, Connivance

Legal Studies
Course Code
Jacqueline Devlin

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Mod 2 Divorce
Divorce Act (1968)
First time there is a national divorce law was in 1968
Divorce was granted on a basis of fault or basis of marriage breakdown
Fault = Other spouse committed adultery, unnatural offences (sodomy,
bestiality, rape, homosexual act), bigamy and physical or mental
cruelty of such a kind as to render continued cohabitation
Marriage Breakdown = parties living separate and apart by reason of
lengthy imprisonment, gross addiction to alcohol or narcotics for
not less than 3 years, disappearance without a trace for not less
than 3 years, non consummation of marriage for not less than 1
year due to inability or refusal, desertion for 5 years and 3 years for
any other reason
Very adversarial since one spouse had to blame the other marriage
Needed separation for 3-5 years if wanted divorce without fault so
many chose fault to get quicker divorce
Divorce Act (1985)
Act that is currently in force
Did away with fault grounds so that ground for divorce is based on
marriage breakdown
Maintained fault to some degree with marriage breakdown grounds
Objectives: to facilitate end of marriage with minimum hostility, fair
distribution of economic consequences of marriage breakdown and
ensure reasonable arrangements are made for children
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A breakdown of the marriage is established when:
1. The parties have been separate or apart for 1 year
2. The other spouse has committed adultery
3. The other spouse has treated the other spouse with physical or
mental cruelty
**We now only need to prove 1 year separate and apart
Vast majority divorce on this basis
Divorce Action
Either spouse can commence action
Spouse commencing is called "Plaintiff", and other spouse
Commenced by Statement of Claim
Procedure governed by Alberta Rules of Court
In addition to requesting divorce, spouse can request corollary relief in
Statement of Claim
Defendant can file Statement of Defence and Counter Claim asking for
divorce and other relief
After final judgment, can still come before court to vary corollary
relief if there is a change in circumstances
Custody - day to day access
Access - limited
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