Family law in Canada concerns the body of Canadian law dealing with the family relationship, its formation, and its dissolution. The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth.

Contents 1 Sources of family law 2 Marriage 2.1 Annulments 3 Separation and contracts 4 Divorce 5 Child custody 6 Division of property 7 Child support 8 Spousal support 9 Notes 10 References

Sources of family law

Family law is primarily statute-based. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Matters of marriage and divorce are within the exclusive jurisdiction of the federal government under section 91(26) of the Constitution Act, 1867 and is legislated under the Divorce Act'. In Civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of Case law has also granted the federal government concurrent jurisdiction with the provinces over matters of spousal and child support when it is incidental to Divorce. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law ^[1] The provinces have exclusive jurisdiction over the solemnization of marriage under section 92(12) of the Constitution Act, 1867, as well as jurisdiction over spousal and child support, property division, custody and access, adoption, and child protection as part of the provincial government's jurisdiction over property and civil rights under section 92(13) of the Constitution Act, 1867 and jurisdiction over matters of a private nature under section 92(16) of the Act. NOTICE TO WOULD-BE ROMEOS ************** In Canadian constitutional law, section 92(13 of the Constitution Act 1867 provides the provincial government with the exclusive authority to legislate on matters Each province has an Act that addresses the rules of property division^[2]

Marriage

Since 2005, a marriage may be formed between two individuals of different or same sex. ^[3] Marriages are prohibited where an individual does not have the capacity or where there is a direct familial relationship such as parent/child or brother/sister relationship. ^[4]

A valid marriage must be properly solemnized within the rules of the province. ^[5]

Annulments

A marriage may be nullified as void or voidable much in the same way as a contract. In law a transaction or action which is voidable is valid but may be annulled by one of the parties to the transaction

A marriage can annulled where the parties do not have the capacity to marry (known as the essential validity of the marriage). So, a marriage between blood relations, parties who cannot consummate the marriage, or parties already married, underage or otherwise unable to consent would all be invalid for lack of essential validity.

A marriage can be annulled where the ceremony was to properly performed (known as the formal validity of the marriage). The marriage ceremony must be valid based on the law of the province. The parties must have a license, be of proper age, or have parental consent. A marriage performed outside of the province will be valid if it is valid where the marriage is celebrated ([[lex loci celebration is]]).

Separation and contracts

The legal implications of a separation arise from contracts. A separation agreement is typically negotiated and drafted. It agrees to the division of property, assets, as well as support.

An agreement can be invalidated where it can be shown that one party had unfairly negotiated ^[6]

Divorce

Under the Divorce Act, a spouse may only apply for a divorce when the spouses have been separate and apart for at least one year, when there has been adultery or where there has been abuse.

Child custody

Child custody can be applied for either under a provincial Act or under the Divorce Act, where appropriate. The best interests of the child is the key determiner. Best interests or best interests of the child is the doctrine used by most Courts to determine a wide range of issues relating to the well-being of Children

Division of property

Matrimonial property can be divided any time during or after the separation, divorce or death. All matrimonial assets and property is presumed to be split evenly between spouses. The scope of matrimonial assets varies between provinces. Most provinces include all assets acquired during the marriage and any other assets pooled together. ^[7] The most significant divisible assets include matrimonial home and pensions. ^[8] Excluded assets include inheritances, personal affects, and business assets. Business assets are typically limited to assets that produce an immediate gain in some entrepreneurial capacity.

Child support

Child support is determined by the federal Child Support Guidelines. The amount of support is a function of the payor's income and the number of children in need of support.

Special and extraordinary expenses enumerated in section 7 of the Child Support Guidelines, such as certain medical, employment, health, education, and extracurriculars expenses, may be ordered by the court. The requirement of such expenses are that they must be extraordinary when considering the combined income of the parties and nature of the cost. The expenses must also be necessary with respect to the best interests of the child and must be reasonable means and needs of the parent and child.

Spousal support

The entitlement and value of spousal support is determined on a holistic basis that varies greatly depending on the circumstances. Distinguish from the suffix -holism, which describes addictions There is no single basis of entitlement and there is no single philosophy behind the reasons for support.

The three grounds of entitlement are compensatory, non-compensatory, and contractual. Compensatory basis was first addressed Moge v. Moge. Moge v Moge, 3 SCR 813 is a leading Supreme Court of Canada decision where the Court greatly restricted a court's ability to terminate Alimony payments The Court found that in most marriages one party tends to suffer economic disadvantage from the marriage. The disadvantaged party may be compensated to the point of returning both parties to the point they were before the marriage breakdown. Compensation is measured on the degree of contribution to the marriage, sacrifice, and hardship.

Contract-based support is based on what is agreed between the parties in their separation agreement or marriage contract.

The non-comensatory basis focuses on the mutual obligation of support created by the marriage. So, in circumstances where one party is disabled the other party will be under an obglitaion to continue their support of the other as part of the initial obligation in marriage. ^[9]

In 2005, the federal government released the Spousal Support Advisory Guidelines^[10] which were meant as a means of estimating support based on income. It has no binding effect in law, but rather is used as a tool for negotiations and settlement. The guidelines distinguish between spouses with children and without children.

Spouses without children would expect a range of between 1. 5 to 2 percent per year co-habitating of the difference in gross incomes. The duration of the payment would be . 5 to 1 year for every year of the marriage. If it is over 20 years it is of indefinite duration.

Spouses with children would expect a range between 40 and 46 percent of the sum of each spouse's "net disposable income". Net disposable income for the payor is equal to the spouse's income minus Child Support minus Taxes and Deductions. Net disposable income for the payee is equal to the spouse's income minus Child Support minus Taxes and Deductions plus Government Benefits and Credits.

Notes

References

• J. Payne, Canadian Family Law (Toronto: Irwin Law, 2001).

Law of Canada v • d • e
Sources of law	Constitution, federal statutes, provincial statutes
Core areas of law	Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law
Other areas of law	Aboriginal law, Civil and human rights, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law
Courts	Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts
Education	Law school, Law School Admission Test, Call to the bar

The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth. The Constitution of Canada is the supreme law in Canada; the country's Constitution is an amalgamation of codified acts and uncodified traditions The following is a list of notable Acts of Parliament of Canada. The following is a list of notable Acts passed by all Canadian provinces and territories Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the Courts. Canadian administrative law is the body of law in Canada addressing the actions and operations of governments and governmental agencies Criminal law in Canada is under the exclusive jurisdiction of the federal government. Canadian contract law has its foundation in the English legal tradition of the 19th and early 20th century Tort law in Canada concerns the treatment of the law of Torts within the Canadian jurisdiction excluding Quebec, which is covered by the Law of obligations Property law in Canada is the body of law concerning the rights of individuals over land objects and expression within Canada. See also Human rights in Canada Civil rights law in Canada concerns the private rights and power of people within Canada Canadian immigration and refugee law concerns the area of Law related to the admission of foreign nationals into Canada, their rights and responsibilities once Canadian labour law is that body of Law which regulates the rights restrictions obligations of trade unions workers and employers in Canada Canadian copyright law is the area of law that defines Copyright within Canada. Canadian trade-mark law provides protection to marks statutorily under the Canadian Trade-mark Act and also at common law Canadian patent law is the legal system regulating the grant of Patents on Inventions within Canada. The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal In Common law systems a superior court is a Court of general Competence which typically has unlimited Jurisdiction with regard to civil and The Provincial and Territorial Courts in Canada are local trial "inferior" or "lower" Courts of limited jurisdiction established Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end either related to law This is a list of Law schools and law faculties in Canada. Canada is mostly a Common law jurisdiction The Law School Admission Test ( LSAT) is an examination administered by the Law School Admission Council (LSAC that attempts to measure logical and verbal reasoning The Call to the Bar is a legal Term of art in most Common law jurisdictions

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