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9780470676479

Canadian Family Law, 10th Edition

by
  • ISBN13:

    9780470676479

  • ISBN10:

    0470676477

  • Format: eBook
  • Copyright: 2010-07-01
  • Publisher: Wiley
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Summary

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.

Table of Contents

Preface to the 10th Edition
Introduction to the 10th Edition
The Legal Remedies
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
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
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
Custody and Access
How to Apply for Custody
Children's Law Reform Act (Ontario)
Divorce Application
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
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
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
Divorce
Procedure
Corollary Relief
Grounds for Divorce
Adultery
Cruelty
Separation
Reconciliation
The Hearing and Judgment
Appeals
Recognition of Divorce Judgments
Annulment
Grounds for Annulment
Domestic Contracts
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
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
What Your Lawyer Will Probably Want to Know
Personal Data
Financial Data
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
Table of Contents provided by Publisher. All Rights Reserved.

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