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Final

Law Final Lecture and Textbook.docx

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Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Fall

Description
Second Semester Law Class Notes FAMILY LAWCensus Familieso Concept of census family 2011Married couple With or without children Common law couple Same or opposite sex No minimum period of cohabitation With or without children Single parent children under 18Married couples67Common law couples167Single parent163More cohabitation outside of marriageo 6 in 1981 now 167 in 2011Quebec A distinct societyo 315 of families in Quebec are common law coupleso Over 80 of first unions in Quebec are common lawo About 60 of children born in Quebec are born to nonmarried mothers Firsttime bridges average ageo 2008291 o 22 in 1960s Average age of firsttime groomso 2008 311o 24 in 1960s Delayed family formationo 2024 year old who live as couples 161 in 2011286 in 1986 o 2529 year old who live as couples 457 in 2011623 in 1986Children leave home latero 2024 year olds in parental home 593 in 2011496 in 1986o 2529 year olds in parental home 262 in 2011156 in 1986Family breakdown is commono Divorce 196510 000 divorces in Canada 200870 215 divorces in Canadath About 40 of marriages will not reach the 30 anniversary 48 in Quebec 22 in NLo Common law relationships Common law couples are much more likely to split up than married couplesth Perhaps as many as 50 of CL relationships end before 5 anniversary 25 of children experience parental separation by age 10 NWS most children grow up with both parents Custody arrangements on divorce 2002o 495 sole custody to mothero 415 joint legal custody Does not mean that the child lives equally with each parent Just means that major decisions go through both parents 95 of children in joint custody live with the mother majority of the timeo 85sole custody to father Blended families are commono Almost half a million step familieso 10 of children under 14 live primarily in stepparent families Smaller familieso Average family size 20063 197137o Total fertility rate 168 2008 Highest since 1990 39 in 195922 in 1971 Replacement rate is 21 Canadas Population is Agingo 162 of Canadians less than 14 years old 2012o 149 of Canadians greater than 65 Two working parentso About 70 of mothers with children 05 are in labour force Only about 25 in 1970 Marriage Valid marriageo No defects in formalities Or defect is cured by legislative provision Example s 31 of Ontarios Marriage Act pF8 If the couple acted in good faith and cohabited after the ceremonyo No problems with partners capacity to marry one another Examples not too closely related by bloodof sufficient ageo Ends on death or divorce Formal validityo Ceremonial formalities needed for valid marriage Essential validityo Capacity of partners to marry one another Essential and formal validityo Importance of distinction One is federal other is provincial Validity of marriages with foreign elements Example Canadians who reside in Ontario may marry in Mexicoo Division of powers Essential validity federal Formal validity provincialo Determining validity of marriage with foreign element Capacity to marry is determined by law of premarriage domicile of each person Formal requirements are determined by place of marriageo 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 Formal validityo Ontarios marriage act License or banns or marriage Who can officiate Ceremonyo Failure to comply with Ontarios Marriage Act may have no legal effect because defect may be cured HW discover rev Bob who officiated at their wedding was excommunicated by his denomination three weeks before the ceremony and was not authorized to conduct weddings any effectS31 of Ontarios Marriage Act cures this formal defect IF HW acted in good faith and cohabited as a married couple Essential validityo Kissing cousins Cousins can marry one another because relationship is outside prohibited degrees of consanguinity and affinityo Cannot marry anyone in lineal descent in family but can marry cousins however adoptive persons cannot marry anyone in the lineal adoptive family Divorceo Federal legislation 1986current Divorce Act came in effect Liberalized grounds Streamlined procedureGrounds for divorceo Single ground Marriage breakdown MBD S 81 in Divorce Acto Three ways to establish MBDLiving separate and apart for a year Adultery by respondent Cruelty by respondent Canadian Divorce Cases in 2008o Separate and apart66 425o Adultery2598o Mental cruelty1159o Physical cruelty821 Living separate and aparto Can apply upon separationo Divorce granted one year after separation
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