Class Notes (810,512)
Canada (494,140)
Criminology (2,101)
CRIM 135 (159)

Family Law.docx

4 Pages
Unlock Document

Simon Fraser University
CRIM 135
Graeme Bowbrick

- Constitutional overlap in family law - No overlap in division of property (provisional jurisdiction) - Federal jurisdiction only governs marriage and divorce - Federal can define marriage, who can get married - Federal can order spousal support, child support etc - Common law relationships is provisional jurisdiction - Provincial power is over 92 (13) and 92 (14) - Apply for marriage license to provisional government - 92 (13) is over property and civil rights - Property is provincial jurisdiction - Child custody and access falls under section 92 (13), but federal jurisdiction also has power (constitutional overlap) - Property division and access is exclusively provincial government - Guardianship does not only apply to children, also to people who cannot look after themselves (ex mental disabilities) - Adoption is provincial authority - Marriage is defined under federal law - No federal statute defining marriage until 2005 - Under civil marriage act, it was defined as the lawful union of two persons, to the exclusion of all others - Common law definition was the lawful union of a man and a woman, to the exclusion of all others - Common law relationship is not a legal status - Marriage has specific legal requirements - Go through process, meet requirements, then get legal status as marriage - Common law has no process - End marriage requires legal process known as divorce - Common law has no process for ending - Divorce act sets out requirements and conditions -> the grounds for divorce - Divorce is legally easy to do - Before 1968, no divorce act - To get divorced, had to apply to parliament to declare divorce - Results were that there were not much divorces prior to 1968 - In 1968, had first federal divorce act passed - Had two fundamental changes: process and grounds for divorce - Process: did not have to apply to parliament anymore, could apply to court instead (process is more accessible) - Grounds for divorce: cannot get divorced unless one of these grounds is satisfied; list included adultery, polygamy, physical or mental cruelty, drug addiction, failure to consummate, bestiality (all of them are fault based grounds for divorce), living separate and apart for 5 years (no fault ground) - 2/3 of divorces on fault based, 1/3 on no fault ground - In 1985, divorce act was amended, and grounds for divorce was modified - 1985 divorce moved to no fault divorce (living separate and apart for 1 year) - These days mostly go for no fault divorce - If negotiated, no need to go to court, just submit application in writing to court, then judge signs off divorce order - Only logical reason for divorcing by adultery or mental or physical cruelty is when one must get divorced before a years time - Common law relationships give specific rights and responsibilities that attach to people living in a marriage like relationship - Marriage like relationship means relationship similar to marriage - Live in romantic/sexual relationship where share responsibilities like people in household - Cannot be common law with roommate unless you have sex with them - In common law relationship, cannot claim spousal support unless together for 2 years - Period you live together determine the rights and responsibilities you have - Legal repercussions of living together vary - Determined by benefits and pension plan - Child support and access depend upon how long together in common law relationship Spousal Support: - End of relationship should be allowed to have one spouse economically disadvantaged - Should have the more economically advantaged spouse support the other one over a period of time or indefinite (forever) - If both at same economic situation, there will be no spousal support - Can apply for spousal support under federal (divorce act) or provincial (family relations, such as c
More Less

Related notes for CRIM 135

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.