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Family Law.docx

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Legal Studies
LS 101
Frances Chapman

LS 101 FAMILY LAW THURS. NOV 15/20  Deals with relationships in family  In 2006 Canadian consensus: composed of a married couple or two persons living common aw, with or without children, or a lone parent living with at least one child in the same dwelling”  In 1970’s rules expanded to unmarried opposite sex couples who live together (common law)  Provinces recognize cohabitees as spouses when it comes to tax laws and statutory benefits DEFINING MARRIAGE  Historically, marriage was unequal partnership with men as superior  Chattle – personal property that is movable or transferrable  Status that is given to individual by the sable or transferrable  Status that is given to individual by the state  Publically registered in public record  Those married are declining  Common law marriages increasing FEDERAL POWERS  Constitutions gives powers to federal/provincial/territorial government to pass legislation  Who has power to do what in family law?  Federal  pass legislation on divorce, division of property, custody of children, who can be married, capacity to marry, and annulments  federal and not provincial so same rules apply all over Canada  provincial  responsible for prior to actual divorce: creation of a marriage, documents on breakdown of marriage, support of children/spouses  before the actual marriage, parental consent, how many witnesses  beginning and end of a relationship  formal requirements of marriage may differ between provinces Provincial cohabiting couples, married but not applied for divorce (separated), property issues Federal  married and have applied for divorce, custody issues ENGAGEMENTS  special type of contract entered before marriage  exchange of gifts as representation of commitment to marriage  in history, used to be allowed to sue for breach of promising to marry, but not anymore  what happens to the ring if no longer decide to get married?  Engagement ring is called “gift in contemplation of marriage”  Most provinces: person who breaks off engagement loses ring WHO HAS CAPACITY TO MARRY?  Provinces has own requirements, if not met = void  Must have legal capacity to appreciate nature of legal commitment  People must comprehend marriage at time of ceremony  Without influence of drugs, alcohol, or illnesses CONSENT  Marriage is binding contract  Some have contract for rest of life  Marriage can be invalid when person was pressured into marriage, fraud, or mistake identity of person/nature of ceremony LS 101 FAMILY LAW THURS. NOV 15/20 WHO YOU’RE ALLOWED TO MARRY  Prevent to marry someone who is related by marriage, blood relation (consanguinity), or adoption  Consanguinity: blood relationship by descent from a common ancestor or from same blood line  Canadian law has become more liberal: can marry cousin NON CONSUMATION  Requirement to consummate a marriage and is STILL a requirement for a valid in Canada  Consummation: sexual intercourse after marriage finalizes union. Seen as confirmation in marriage when marriages were meant for procreation.  Premarital intercourse cannot quality as consummation  Inability to consummate within same sex couples cannot be used to invalidate marriage PRIOR MARRIAGE  One must be unmarried to enter into marriage  Marriage is void if one is still in a marriage  Can divorce if spouse is missing for 7 years
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