marriage & divorce
definition
What is the voluntary union of two persons to the exclusion of all others
married couples in NB
equal division
New term for legal custody
What is decision-making responsibility?
a child who is under the age of majority and has not withdrawn from parental charge
What is a child of the marriage?
variables
what are entitlement, quantum, duration?
Consent
What is 16
application
What is no later than 60 days after a spouse ceases to be a spouse or within two years of separation
shared parenting
what is an arrangement where the child lives with each parent at least 40% of the time
the presumptive way to establish Quantum of child support
What are the Child Support Advisory Guidelines?
criteria in NB
what is a spouse, in a valid or void marriage, a former spouseapplies to common law partners if they have cohabited continuously for a period of not fewer than three years during which time one perosn has been substantially dependent on the otehr for support, or cohabited in a situation of some permanence if there is a child born
validity
what is two people, ability to consummate, capacity to consent, fredom to consent, at least 16 years of age, no consanguinity or affinity, be unmarried
using an excluded asset for family purposes
What is Co-mingling?
when a person is not related to a child at all but can be found to be a parent for legal purposes
what is in loco parentis?
reasonable and necessary expenses
What are s. 7s or special expenses?
objectives of spousal support
What is:
address any economic disadvantages arising from the marriage or its breakdown
apportion between the spouses any financial consequences arising from care of the children
relieve any economic hardship arising from the breakdown of the marriage;
insofar as practicable, promote the self-sufficiency of the spouses within a reasonable period of time
Grounds for divorce
What is the parties must have been separated for at least one year with no possibility of reconciliation.
Excluded assets
what is a family asset that was acquired before the spouses married, or by one spouse as a gift from the other spouse or as a gift or bequest from any other person?
best interests of the child
what is: the standard test that courts use for making decisions relating to children?
under employed payors
What is imputing inome?
three bases for Spousal support
compensatory
contractual
non-compensatory
Trudeau's bold statement
What is The State has no place in the bedrooms of the nation.
the starting point with any division of property
What is : separation date as the valuation date
A person who has demonstrated a settled intention to treat a child as a child of the person's family
What is a Parent?
A spouse has a responsibility for an unusually high level of debt reaonably incurred to support spouse and children prior to separation or to earn a living
What is undue hardship?
with and without child support formula
What are the Spousal support advisory guidelines on quantum and duration?