Comm 304 business Law Lecture 2 family law.docx

Comm 304 business Law Lecture 2 family law.docx - Comm 304...

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Comm 304: Business Law Family Law Division: Marriage Spousal relationship – period of 24 months cohabitating Divorce Federal legislation Grounds for divorce – one - marriage breakdown – spouses separate for 1 yr or physical or mental cruelty Annulment 2 persons go through a form of marriage but not legally married (1 person usually thinks legally married) (Ex. Story of lady in the office who moved into apartment and thought she married a man but he was actually married to another woman) If man marries 2 women (bigamy), the 2 nd marriage is declared nullity (as if the marriage never took place, went through form of marriage but it is not legal and is annulled). Marriage not legal until consummated then go to court to get annulled (consummated then divorce, not consummated then annulment) No division of property If married then cohabitate with someone else dealt with in the order they occurred. Custody and access rights Tough area to practice in (highly emotional) Court decides who is going to be the custodial parent – court asks what is in the best interest of the child Usually give one parent custodial rights and the other access rights. Non custodial parent usually gets access rights – e.g., 2 evenings a week, alternate weekends/holidays Best if parents can work this out themselves Provincial law – Children’s Law Act Maintenance Act that deals with spousal support in a break up
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