9780470736821

Canadian Family Law

by
  • ISBN13:

    9780470736821

  • ISBN10:

    0470736828

  • Edition: 10th
  • Format: Paperback
  • Copyright: 2010-10-18
  • 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.

Author Biography

For more than 40 years, Malcolm C. Kronby, LL.B., Q.C., Cert. F. Arb., has practiced and taught family law. In 2001, he received the Canadian Family Law Achievement Award. A certified specialist in family law, Kronby's practice is based in Toronto, Ontario. His previous books include The Divorce Practice Manual and The Guide to Family Law.

Table of Contents

Preface to the 10th Editionp. vi
Introduction to the 10th Editionp. 1
The Legal Remediesp. 3
Marriagep. 6
Age of Consentp. 6
Mental Capacity to Marryp. 7
Consent of the Partiesp. 7
Consanguinityp. 7
Prior Marriagesp. 8
Annulmentp. 8
An Exception to the Rulep. 9
Rights and Obligations of Marriagep. 9
Common-Law Marriagep. 10
The Same-Sex Marriage Litigationp. 13
The Courts' Decisionsp. 14
The Federal Government Referencep. 16
Separationp. 19
Separation Agreementsp. 19
Financial Provisionsp. 23
Support and Custody of Childrenp. 23
Accessp. 24
Other Possible Provisionsp. 24
Alteration of the Termsp. 25
Why is a Separation Agreement a Good Idea?p. 25
Duration of the Termsp. 26
Spousal Supportp. 27
Alimonyp. 27
Spousal Support and Variation under Provincial Statutesp. 30
Same-Sex Spouses: The Decisions in M.v.H.p. 37
Spousal Support and Variation under the Divorce Actp. 40
Income Tax Considerationsp. 61
Canada Pension Plan Benefitsp. 62
Spousal Support from an Estatep. 63
The Spousal Support Advisory Guidelinesp. 63
Custody and Accessp. 70
How to Apply for Custodyp. 75
Children's Law Reform Act (Ontario)p. 75
Divorce Applicationp. 75
General Jurisdictionp. 76
The Guiding Principle in Custody Casesp. 76
Kidnapping Is No Solutionp. 77
Who Speaks for the Children?p. 78
Review of Custody Ordersp. 79
Guiding Sub-Principlesp. 80
Custody by Agreementp. 81
Joint Custodyp. 81
Criminal Charges (Domestic Violence) and Custodyp. 83
Effect of Adulteryp. 85
Visiting Rights (Access)p. 86
Adoptionp. 90
Death of a Custodial Parentp. 92
Mobility Rights: Relocation of Childrenp. 92
Child Supportp. 103
The Child Support Guidelinesp. 107
If You Have A Child Support Agreement Or Court Order Made Prior to May 1, 1997p. 108
The Amount of Child Support under the Guidelinesp. 109
Split Custodyp. 114
Shared Custodyp. 114
Undue Hardshipp. 116
Disclosure Requirements on Applicationp. 117
Annual Disclosure Requirementsp. 118
Form of Payments and Securityp. 119
Can You Make an Agreement for Child Support That is Not in Accordance with the Guidelines?p. 119
Variation of Child Supportp. 120
The Problem of Retroactive Child Supportp. 121
Property Rightsp. 127
Equalization of Net Family Property (Part I, Family Law Act, Ontario)p. 128
Retroactivityp. 128
Limitationsp. 128
The Basic Ideap. 128
Definitionsp. 129
Equalizing Paymentp. 134
Statement of NFP: Concepts of Valuep. 138
Estate Rightsp. 141
Trust Interestsp. 144
Divorcep. 146
Procedurep. 147
Corollary Reliefp. 149
Grounds for Divorcep. 150
Adulteryp. 150
Crueltyp. 152
Separationp. 155
Reconciliationp. 156
The Hearing and Judgmentp. 157
Appealsp. 159
Recognition of Divorce Judgmentsp. 160
Annulmentp. 161
Grounds for Annulmentp. 162
Domestic Contractsp. 165
Enforcementp. 171
Enforcement of Separation Agreementsp. 172
Enforcement of Custody and Accessp. 173
Enforcement under the Family Responsibility and Support Arrears Enforcement Actp. 174
Enforcement under the Family Law Actp. 176
Enforcement under the Divorce Actp. 178
Alternate Dispute Resolutionp. 180
Mediation-Arbitrationp. 181
Enforceability of Arbitration Agreementsp. 187
Enforceability of Arbitration Awardsp. 188
Challenges and Appeals of Arbitration Awards or Agreementsp. 189
Appeals Under Section 45 of the Arbitration Actp. 189
Setting Aside an Award: Section 46 of the Arbitration Actp. 191
What Your Lawyer will Probably Want to Knowp. 193
Personal Datap. 193
Financial Datap. 194
Comparative Analysis of Family Property Legislationp. 223
Statutes:
Divorce Act R.S., 1985, c. 3 (2nd Supp.)p. 236
Federal Child Support Guidelinesp. 278
Family Law Actp. 306
Arbitration Act, 1991 S.O. 1991, Chapter 17p. 378
Arbitration Act, 1991, Ontario Regulation 134/07, Family Arbitrationp. 415
Mediation/Arbitration Form:p. 420
Canadian Family Law 10th Edition URLsp. 424
Table of Contents provided by Ingram. All Rights Reserved.

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