Class Notes (808,131)
Canada (493,086)
LWSO 335 (17)

Family Law Act and Divorce Act LWSO 335

5 Pages
Unlock Document

University of Calgary
Law and Society
LWSO 335
Linda Mc Kay- Panos

Key pieces of legislation: Divorce Act- federal Family Law Act- Alberta Given handout 19 Everything depends on what kind of relationship and what kind of breakup. Unlike criminal law, family law can be found in both provincial and federal law. Federal has jurisdiction over who gets married, also over who gets married and divorced. If married hetero or not, go to divorce act, same no matter where you live. Provinces have solemnization, you have to be 18, over 16 or pregnant or the mother of a living child. Cant be coercion situation (forced) or consummate situation Provinces have jurisdiction over spouse support, child support, adoption, children whose parents are not married Divorce act overlaps the family law act. They added custody and support provisions to the divorce act. They are permitted because the overarching part of the act is the divorce. We also have a family law act that deals with children and spouses. Sometimes have dual jurisdiction. Once something starts in a court, you finish it in that court –that way there is not competing orders based on people financial situation (provincial is cheaper) Mutual obligations- from the minute you are married to someone you are liable to support them. How do you end a marriage? Annulment- FLA court judgment that the marriage never existed. If you are incapable legally to be getting married. If you married someone you though was male and they are female Declaration of irreconcilability- part 4 of family law act- Interdependent partners, and people who do not with to get a divorce. They want issues of support and the children taken care of. All you have to convince the court of is that you don’t get along. Doesn’t matter how long you’ve been apart. Bad because you're still married. If you meet someone else you cant marry the second person. Also has implications for inheritance. If you are married you can use the family law act instead of the divorce act if you choose Part 3 of FLA- support in cases of separation To understand the FLA- spouse means someone who is married, adult interdependent or individual is not married Divorce Act- doesn’t matter which province, it is all the same. Always the superior court (court of queens bench). Only one recognized ground, marital breakdown. 3 types of evidence  Living separate for at least one year (there are issues with this, you have to be physically separate. One spouse may move down to the basement but the other person may be doing to all the cooking booty calling etc). There has to be an intention to live that way. Woman cant go away for work and then ask for divorce. Courts want to encourage people to reconcile, they will allow you to get back together for up to 90 days without restarting the 1 year clock. The conduct of a person is not to be considered (etc asshole)  Adultery of the other person, other person committed not you.  Cruelty. Includes mental and physical, addiction to drugs or alcohol. Has to be the other person, not you. Judge has to see if there is indica
More Less

Related notes for LWSO 335

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.