Canadian Family Law

by Kronby, Malcolm C.

• ISBN13: 9780470736821
• ISBN10: 0470736828
• Edition: 10th
• Format: Paperback
• Copyright: 2010-10-18
• Publisher: Wiley

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 Edition	p. vi
Introduction to the 10th Edition	p. 1
The Legal Remedies	p. 3
Marriage	p. 6
Age of Consent	p. 6
Mental Capacity to Marry	p. 7
Consent of the Parties	p. 7
Consanguinity	p. 7
Prior Marriages	p. 8
Annulment	p. 8
An Exception to the Rule	p. 9
Rights and Obligations of Marriage	p. 9
Common-Law Marriage	p. 10
The Same-Sex Marriage Litigation	p. 13
The Courts' Decisions	p. 14
The Federal Government Reference	p. 16
Separation	p. 19
Separation Agreements	p. 19
Financial Provisions	p. 23
Support and Custody of Children	p. 23
Access	p. 24
Other Possible Provisions	p. 24
Alteration of the Terms	p. 25
Why is a Separation Agreement a Good Idea?	p. 25
Duration of the Terms	p. 26
Spousal Support	p. 27
Alimony	p. 27
Spousal Support and Variation under Provincial Statutes	p. 30
Same-Sex Spouses: The Decisions in M.v.H.	p. 37
Spousal Support and Variation under the Divorce Act	p. 40
Income Tax Considerations	p. 61
Canada Pension Plan Benefits	p. 62
Spousal Support from an Estate	p. 63
The Spousal Support Advisory Guidelines	p. 63
Custody and Access	p. 70
How to Apply for Custody	p. 75
Children's Law Reform Act (Ontario)	p. 75
Divorce Application	p. 75
General Jurisdiction	p. 76
The Guiding Principle in Custody Cases	p. 76
Kidnapping Is No Solution	p. 77
Who Speaks for the Children?	p. 78
Review of Custody Orders	p. 79
Guiding Sub-Principles	p. 80
Custody by Agreement	p. 81
Joint Custody	p. 81
Criminal Charges (Domestic Violence) and Custody	p. 83
Effect of Adultery	p. 85
Visiting Rights (Access)	p. 86
Adoption	p. 90
Death of a Custodial Parent	p. 92
Mobility Rights: Relocation of Children	p. 92
Child Support	p. 103
The Child Support Guidelines	p. 107
If You Have A Child Support Agreement Or Court Order Made Prior to May 1, 1997	p. 108
The Amount of Child Support under the Guidelines	p. 109
Split Custody	p. 114
Shared Custody	p. 114
Undue Hardship	p. 116
Disclosure Requirements on Application	p. 117
Annual Disclosure Requirements	p. 118
Form of Payments and Security	p. 119
Can You Make an Agreement for Child Support That is Not in Accordance with the Guidelines?	p. 119
Variation of Child Support	p. 120
The Problem of Retroactive Child Support	p. 121
Property Rights	p. 127
Equalization of Net Family Property (Part I, Family Law Act, Ontario)	p. 128
Retroactivity	p. 128
Limitations	p. 128
The Basic Idea	p. 128
Definitions	p. 129
Equalizing Payment	p. 134
Statement of NFP: Concepts of Value	p. 138
Estate Rights	p. 141
Trust Interests	p. 144
Divorce	p. 146
Procedure	p. 147
Corollary Relief	p. 149
Grounds for Divorce	p. 150
Adultery	p. 150
Cruelty	p. 152
Separation	p. 155
Reconciliation	p. 156
The Hearing and Judgment	p. 157
Appeals	p. 159
Recognition of Divorce Judgments	p. 160
Annulment	p. 161
Grounds for Annulment	p. 162
Domestic Contracts	p. 165
Enforcement	p. 171
Enforcement of Separation Agreements	p. 172
Enforcement of Custody and Access	p. 173
Enforcement under the Family Responsibility and Support Arrears Enforcement Act	p. 174
Enforcement under the Family Law Act	p. 176
Enforcement under the Divorce Act	p. 178
Alternate Dispute Resolution	p. 180
Mediation-Arbitration	p. 181
Enforceability of Arbitration Agreements	p. 187
Enforceability of Arbitration Awards	p. 188
Challenges and Appeals of Arbitration Awards or Agreements	p. 189
Appeals Under Section 45 of the Arbitration Act	p. 189
Setting Aside an Award: Section 46 of the Arbitration Act	p. 191
What Your Lawyer will Probably Want to Know	p. 193
Personal Data	p. 193
Financial Data	p. 194
Comparative Analysis of Family Property Legislation	p. 223
Statutes:
Divorce Act R.S., 1985, c. 3 (2nd Supp.)	p. 236
Federal Child Support Guidelines	p. 278
Family Law Act	p. 306
Arbitration Act, 1991 S.O. 1991, Chapter 17	p. 378
Arbitration Act, 1991, Ontario Regulation 134/07, Family Arbitration	p. 415
Mediation/Arbitration Form:	p. 420
Canadian Family Law 10th Edition URLs	p. 424
Table of Contents provided by Ingram. All Rights Reserved.