Canadian Family Law

Canadian Family Law

$29.95

SKU: 9780470736821
Add to wishlist

Description

A CANADIAN BESTSELLER FULLY REVISED AND UPDATED

For more than 30 years, Canadian Family Law has helped us to understand the legal issues surrounding marriage, separation and divorce, child custody and support. Now in its tenth edition, Canadian Family Law provides information on recent developments in family law, such as same-sex marriage, alternative dispute resolution and child support.

Among the topics covered are:

    The rights and obligations of marriage

  • The components of a separation agreement
  • Spousal support
  • Child support and the new guidelines
  • Guiding principles regarding custody of children
  • Property rights and division of property
  • The divorce procedure
  • Domestic contracts
  • The enforcement of agreements
  • Mediation and arbitration
  • A comparative analysis of family law statutes.

Illustrated with case studies, Canadian Family Law is the standard reference guide that people who are contemplating marriage, or separation and divorce, turn to for informative, readable and authoritative commentary.

Preface to the 10th Edition.Introduction to the 10th Edition.1. The Legal Remedies.2. Marriage.Age of Consent.

Mental Capacity to Marry.

Consent of the Parties.

Consanguinity.

Prior Marriages.

Annulment.

An Exception to the Rule.

Rights and Obligations of Marriage.

Common-Law Marriage.

The Same-Sex Marriage Litigation.

The Courts’ Decisions.

The Federal Government Reference.

3. Separation.Separation Agreements.

Financial Provisions.

Support and Custody of Children.

Access.

Other Possible Provisions.

Alteration of the Terms.

Why Is a Separation Agreement a Good Idea?

Duration of the Terms.

4. Spousal Support.Alimony.

Spousal Support and Variation under Provincial Statutes

Same-Sex Spouses: The Decisions in M. v. H.Spousal Support and Variation under the Divorce Act.Income Tax Considerations.

Canada Pension Plan Benefits.

Spousal Support from an Estate.

The Spousal Support Advisory Guidelines.5. Custody and Access.How to Apply for Custody.

1. Children’s Law Reform Act (Ontario).

2. Divorce Application.

3. General Jurisdiction.

The Guiding Principle in Custody Cases.

Kidnapping Is No Solution.

Who Speaks for the Children?

Review of Custody Orders.

Guiding Sub-Principles.

Custody by Agreement.

Joint Custody.

Criminal Charges (Domestic Violence) and Custody.

Effect of Adultery.

Visiting Rights (Access).

Adoption.

Death of a Custodial Parent.

Mobility Rights: Relocation of Children.

6. Child Support.The Child Support Guidelines.If You Have A Child Support Agreement Or Court Order Made Prior to May 1, 1997.

The Amount of Child Support under the Guidelines.Split Custody.

Shared Custody.

Undue Hardship.

Disclosure Requirements on Application.

Annual Disclosure Requirements.

Form of Payments and Security.

Can You Make an Agreement for Child Support That Is Not in Accordance with the Guidelines?

Variation of Child Support.

The Problem of Retroactive Child Support.

7. Property Rights.Equalization of Net Family Property (Part I, Family Law Act, Ontario).

Retroactivity.

Limitations.

The Basic Idea.

Definitions.

Equalizing Payment.

Statement of NFP: Concepts of Value.

Estate Rights.

Trust Interests.

8. Divorce.Procedure.

Corollary Relief.

Grounds for Divorce.

Adultery.

Cruelty.

Separation.

Reconciliation.

The Hearing and Judgment.

Appeals.

Recognition of Divorce Judgments.

9. Annulment.Grounds for Annulment.

10. Domestic Contracts.11. Enforcement.Enforcement of Separation Agreements.

Enforcement of Custody and Access.

Enforcement under the Family Responsibility and Support Arrears Enforcement Act.Enforcement under the Family Law Act.Enforcement under the Divorce Act.12. Alternate Dispute Resolution.Mediation-Arbitration.

Enforceability of Arbitration Agreements.

Enforceability of Arbitration Awards.

Challenges and Appeals of Arbitration Awards or Agreements.

Appeals Under Section 45 of the Arbitration Act.Setting Aside an Award: Section 46 of the Arbitration Act.Appendix A: What Your Lawyer Will Probably Want to Know.Personal Data.

Financial Data.

Appendix B: Comparative Analysis of Family Property Legislation.Statutes.

Divorce Act R.S., 1985, c. 3 (2nd Supp.).

Federal Child Support Guidelines.Family Law Act.Arbitration Act, 1991 S.O. 1991, Chapter 17.

Arbitration Act, 1991, ONTARIO REGULATION 134/07, FAMILY ARBITRATION.

Mediation/Arbitration Form.Canadian Family Law 10th Edition URLs.

Additional information

Weight 20 oz
Dimensions 25 × 137 × 215 in