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Family Law Notes.docx

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Law 2101

Family Law 4/29/2012 3:20:00 PM Census Families - Concept of Census Family (2006) 64 (2006) - 13% in 2001 10. Both Parents work o/s the home more often - About 70% of mothers with children 0-5 are in labor force - Only about 25% in 1970 - Marriage & Divorce MARRIAGE Valid Marriage - No defects in formalities - Or... defect is cured by legislative provision - E.g.: s.31 of Ontarios Marriage act (p. F-5) - No problems with partners capacity to marry one another - Ex. Not too closely related by blood/ of sufficient age - Ends on death or divorce Essential & Formal Validity - Formal validity - Capacity of partners to marry one another - Importance of distinction - Division of Powers between Parliament of Canada and provincial Legislative Assemblies - Validity of marriages with foreign elements - E.g. Canadians who reside in Ontario in Mexico Division of powers - Essential validity - Federal - S. 91 (26) of Constitution Act, 1867 - Formal Validity - Provincial - S. 91(12) of Constitution Act, 1867 Determining Validity of marriage with foreign element - Capacity to marry is determined by law of pre-marriage domicile of each person (domicile - the place in which you plan to reside permanently) - Example of Marriage with Foreign Element - Two persons who are domiciled in Canada marry one another in Costa Rica - Capacity to marry one another governed by Canadian law - Formal requirements governed by law of Costa Rica
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