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Divorce Family Law Quiz: Ontario Law

The Divorce Family Law Quiz based on Ontario Law

Questions:

1. Definition of a "Spouse:" What, if any, of the following types of relationships are included in the definition of "spouse" for the purpose of sharing family property?

(a) common law couples who have lived together for one years
(b) common law couples who have lived together for three years
(c) same sex couples
(d) married couples only

2)Definition of a "Spouse" - Take Two:
What, if any, of the following types of relationships are included in the definition of "spouse" for purpose of rights to spousal support?

(a) common law couples who have lived together for one years
(b) common law couples who have lived together for three years
(c) same sex couples
(d) married couples only

3.Division of Property: Is it true that married spouses always share the value of the family home 50/50 upon divorce?
(a) True (b) False

4. Custody of Children: Legal "custody" of a child means:
(a)where the child lives
(b)who has access to a child's school and medical records
(c)who makes important decisions relating to the child

5. Inheritances after Marriage: Upon marriage breakdown, property inherited during the marriage is:
(a) shared equally with the other spouse
(b) excluded from the division of the net family property
(c) included in the division of net family property

6. Separation: A divorce may be granted without any other reason after a separation for at least:
(a) six months
(b) one year
(c) two years

7. Getting a Divorce: Do you have to go to court to get a divorce?
(a) Yes (b) No

8. Child Support: The child support guidelines calculate child support based on:
(a) the payor's parent's income
(b) a ratio of the parents' comparative incomes
(c) what parents at that income level generally spend to support a child

9. Orthodontal Expenses for Children: Orthodontal expenses are:
(a) included in the standard child support chart under the child support guidlines
(b) not included in the standard child support chart amount under the support guidelines
(c) an additional expense added to the chart amount under the child support guidlines

10. Last Will and Testament: If you have separated, any bequests to your husband/wife in an existing Will:

(a) remain valid
(b) automatically become invalid on separation
(c) automatically go to your children

Solution Preview

The answers found in this quiz are based on Ontario law.

Answers:

1) Answer: Only married couples are included in the definition of "spouse" for the purpose of sharing family property.

Explanation: The Family Law Act of Ontario is divided into various sections. The section dealing with property limits the definition of spouse to married persons of the opposite sex. It is quite likely that this definition will be challenged as being discriminatory and in violation of the Canadian Charter of Rights and Freedoms in the near future.

2) Answer: All of the types of relationships listed may be included in the definition of "spouse" for the purpose of rights to spousal support.

Explanation: The support section of the Family Law Act explains the definition of "spouse" to include "a man and a woman who are not married to each other and have cohabited continuously for a period of three years" or, who are "in a relationship of some permanence if they are natural or adoptive parents of a child". Until very recently same-sex spouses have not been included in the Family Law Act's definition of "spouse". However, in the case of M v. H, the Ontario Court of Appeal ruled that the "spouse" definition as it relates to support was discriminatory and contrary to the Canadian ...

Solution Summary

This solution provides the best answers and explanations for a multiple choice quiz on Divorce Family Law on Ontario Law.

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