Chapter 1 Review Men could own property, vote and hold public office;

1. What is the main focus of family law? married women could not. Any property a
* is the legal rights of individuals when the woman owned before marriage became the property of
marriage breaks down. her husband.

2. How are the legal interests of those Women were to bear children and maintain the
involved in a family law case different household; men had a duty to provide for his
from the legal interests of those involved
wife and children.
in other areas of law?
7. What powers over marriage and divorce did
*The legal interests of those involved in a family
the passage of the BNA give the federal and
law case different from the legal interests of
provincial governments?
those involved in other areas of law because the
legal interests of the parties involved in a family
The BNA gave the following powers to the federal
law case continue after the relationship ends. government:
a) control over marriage and divorce.
3. How did Henry VIII’s wish to divorce
The BNA gave the following powers over marriage to
Catherine of Aragon impact church and
the provincial government:
government in England?
a) control over the solemnization of marriage (marriage
*Henry VIII’s wish to divorce Catherine of Aragon licenses).
separated church and state in England.
8. What increasing circumstance led to the
change in women’s rights to own property?
4. What is the reason that the federal
Marriage Act allows Canadians to marry
The increasing circumstance led to the change in
only one spouse?
women’s rights to own property was that more
*The federal Marriage Act allows Canadians to and more women were being abandoned by their
marry only one spouse because Christianity was husbands.
the religion in England at the time marriage laws
were made. 9. Under what circumstances were men
required to pay support to their wives?
Christians believe in monogamous marriage.
Men were required to pay support to their wives if it
could be proven they had committed
5. At the time of confederacy (when the
adultery or abandoned their wives.
provinces joined together), what was an
acceptable ground for a man to get a
divorce? for a woman? 10. What effect did World Wars I and II have
on marriage? Why?
*At the time of confederacy (when the provinces
joined together), an acceptable ground for a man There were more marriage breakdowns after World
to get a divorce was that his wife had committed Wars I and II because women became
adultery. financially independent.
An acceptable ground for a woman to get a They no longer had to remain in abusive or unhappy
divorce was her husband had committed marriages.
incestuous
adultery, rape, sodomy, bestiality, bigamy, or 11. How did the Divorce Act of 1968 change
the rights of men and women who wished to
adultery coupled with cruelty or desertion.
divorce?
6. Describe the rights and duties of
married men and married women at the The Divorce Act of 1968 introduced no-fault divorce.
time Canada was created. That means that husband and wife could
divorce after being separated for three years.
At the time Canada was created men were 
superior to women. There was no need to prove adultery or abuse.
12. What change to divorce did the Divorce
historically regarded as a legal contract between a
Act of 1985 make? man and a woman.
 2. Name two federal statutes governing marriage in
Divorce Act of 1985 reduced the amount of
Canada. What jurisdiction does the
time to get a divorce after separation to one
Government of Canada have over marriage?
year. 
13. What impact did the recognition of the
The federal statutes governing marriage are in the
Battered Child Syndrome have on divorce law?
he Civil Marriage Act and the
 Marriage (Prohibited Degrees) Act.
Since the recognition of the Battered Child

Syndrome our laws have developed in all areas
The federal government has jurisdiction over who
to may marry.
focus on the best interests of the children.
3. Name the provincial statute governing marriage in
14. Explain why unmarried couples with British Columbia. What jurisdiction does
children depend on provincial law instead of
the Government of British Columbia have over
federal law to help marriage?
them when their relationships end. 
 The provincial statute is the Marriage Act.
The federal Divorce Act only relates to married

couples. The provincial government has jurisdiction over who
 may obtain a marriage licence and
The province can pass legislation regarding
what constitutes a valid marriage ceremony.
support, custody and access involving both
4. What basic concept of marriage did religious and
married conservative groups who accepted same
and unmarried individuals. sex marriage have to give up?
 
Since they have jurisdiction over property
The concept of marriage religious and conservative
rights, they can pass legislation regarding the
groups had to give up in order to
division accept same sex marriages was the idea that
of property as well. marriage was for the purpose of bearing
15. Under what circumstances would a married
children in a family.
couple who have separated choose to apply to
5. Name the document that:
the a. must be obtained prior to a legal marriage in
more expensive BC Supreme Court for custody
British Columbia
of children rather than to the less expensive

Provincial A marriage license must be obtained prior to a legal
Court of BC? marriage in British Columbia.
 b. sets out the rights and obligations of parties
A married couple who have separated would
during marriage
choose to apply to BC Supreme Court for
custody A Marriage Contract/Agreement sets out the rights
of children if they wanted a divorce. and obligations of parties during
marriage.
c. contains the spouses’ promise to support each
other while each obtains an education

A Reciprocal Support Agreement contains the
CHAPTER 2 spouses’ promise to support each other
while each obtains an education.
Chapter 2 Review d. contains an agreement that a specific automobile
1. In English common law marriage was will be the sole property of one spouse
historically regarded as a legal 
___________________ A Separately Acquired Assets Agreement contains an
between_______________________________ agreement that a specific
. automobile will be the sole property of one spouse
 6. Name three personal requirements of a valid
In English common law marriage was marriage under the provincial Marriage Act.
a) to be at least 19 years old or have the
appropriate consents.
b) parties must have the mental capacity to
understand the nature of ceremony and its
responsibilities.
c) both parties must freely consent.
d) neither party may be married.
7. How old must you be to marry in British
Columbia without anyone’s consent?
 b. The payments shall commence the 3 day of June,
To marry in British Columbia without anyone’s
consent you must be 19 years old.
8. Between what ages must a person obtain
his/her parents’ consent prior to marrying?
 14. Whose initials are written on the bottom of the
A person must obtain his/her parents’ consent
prior to marrying in British Columbia if
he/she is between 16 and 18 years old.
9. Up to what age must a person have the
court’s approval if he/she wants to marry in
British
Columbia?
 They added to every page except the final page
A person must have the court’s approval if
he/she wants to marry in British Columbia
he/she is under 16 years old.
10. Name three things that might be agreed
upon in a Marriage Contract.
 last) page.
Three things that might be agreed upon in a
Marriage Contract are:
a) that the property shall be the joint or
separate property of the parties.
b) that a limit be set on the amount spent by
one party without consulting the other
party.
c) that one party support the other for a
certain time.
d) the disposition of family property.
11. Are seals required when a Marriage
Contract is executed?
 “IN WITNESS WHEREOF….”
Seals are not required when a Marriage
Contract is executed.
12. Why do present-day lawyers ensure that
each party receives consideration in a Marriage
Contract?

Present-day lawyers ensure that each party
receives consideration in a Marriage
Contract because if only one party receives
consideration in a contract, the contribution
of the other party is considered to be a gift. Gifts are
not enforceable.
13. Write or key the underlined dates in the correct
format:
a. This Agreement made June 3rd, 2018.

Correction: June 3, 2018.
2018

Correction: 3rd day of June, 2018.
pages of a Marriage Contract? Are they
added to every page?

The initials of the parties and their witnesses are put
on the bottom of the pages of a
Marriage Contract.

which contains the attestation clauses.
15. To which page(s) of a contract should a “Z” be
added?

A “Z” can be added to the penultimate (second to
16. What line is added to the bottom of the witness
section in an Agreement when there is one
witness and two parties signing

As to both signatures is added to the bottom of the
witness section in an Agreement
when there is one witness and two parties signing.
17. Name the clause:
a. on an Agreement that starts “IN WITNESS
WHEREOF....”

Testimonium Clause –on an Agreement that starts
b. on an Agreement that starts “SIGNED, SEALED
AND DELIVERED....”

Attestation Clause—on an Agreement that starts
“SIGNED, SEALED AND DELIVERED
CHAPTER 3

7. When determining how the child’s needs will be met, on what principle do the courts
base their decisions?

When determining how the child’s needs will be met, the courts base their
decisions only on the best interests of the child.
8. Under the Family Law Act when are parents not considered to be guardians of their
children?

Under the Family Law Act parents not considered to be guardians of their
children if they have never lived with nor regularly cared for them, unless s/he is
made a guardian by agreement of all the other people who are guardians.
9. Under what conditions may a stepparent to be obligated to pay child support?

A stepparent may be obligated to pay child support if s/he:
oa. s/he lived with the child and the applicant
ob. contributed to the support of the child for at least one year

Note: according to the Family Law Act a stepparent is “person who is a spouse of
the child's parent and lived with the child's parent and the child during the child's
life”.
10. What factors determine amount of child support a parent must pay according to the
Child Support Guidelines?

The amount of support in the Child Support Guidelines is based on the annual
income of the payor, the number of children, and special expenses for the
children.
11. When might the court award an amount of child support that is different from the
guideline amount?

The court might award an amount of child support that is different than the
guideline amount when
ocustody is shared or split;
oit would cause undue hardship;
othere are special circumstances (e.g. medical condition of spouse);
othe payor’s income is over $150,000 (the tables would be followed for the
first $150,000 and the court would decide the rest);
othe child is over the age of majority; or
othe payor is a stepparenT

CHAPTER 4