LSO Barrister Family Law 2 — Questions and Answers
Question 1: Under the Family Law Act, which asset is excluded from a spouse's net family property?
- The matrimonial home
- Gifts or inheritances received from third parties during the marriage (Correct answer)
- Investment accounts opened during marriage
- Employment income earned during marriage
Correct answer: Gifts or inheritances received from third parties during the marriage
Section 4(2) of the Family Law Act excludes gifts and inheritances received from third parties during the marriage from the recipient spouse's net family property.
Question 2: Which Ontario court primarily handles family law matters including uncontested divorces and child protection?
- Superior Court of Justice - Family Branch
- Ontario Court of Justice (Correct answer)
- Divisional Court
- Court of Appeal for Ontario
Correct answer: Ontario Court of Justice
The Ontario Court of Justice handles most Ontario family law matters including child protection, child support, custody, and access (but not divorce or property).
Question 3: Under section 24 of the Family Law Act, what is the 'matrimonial home' rule regarding possession?
- The higher-income spouse is entitled to exclusive possession
- Either spouse may apply for exclusive possession regardless of ownership (Correct answer)
- The spouse who owns the home has exclusive possession
- The home must be sold upon separation
Correct answer: Either spouse may apply for exclusive possession regardless of ownership
Section 24 allows either spouse to apply for exclusive possession of the matrimonial home regardless of who owns it, and the court considers the best interests of the children.
Question 4: Under the Divorce Act, what are the three grounds for divorce in Canada?
- Adultery, cruelty, and irretrievable breakdown
- Separation for one year, adultery, and physical cruelty (Correct answer)
- Irreconcilable differences, abandonment, and adultery
- Mental cruelty, adultery, and one-year separation
Correct answer: Separation for one year, adultery, and physical cruelty
Section 8 of the Divorce Act provides three grounds: separation for one year, adultery, and physical or mental cruelty, but separation is by far the most common.
Question 5: In Ontario family law, what is a 'Separation Agreement'?
- A court order dissolving the marriage
- A domestic contract resolving issues such as property, support, and parenting on separation (Correct answer)
- A mandatory mediation document
- A court-approved financial statement
Correct answer: A domestic contract resolving issues such as property, support, and parenting on separation
A Separation Agreement is a domestic contract under the Family Law Act that separating spouses enter into to resolve financial and parenting matters without going to court.
Question 6: Under the Ontario Child, Youth and Family Services Act, 2017, when is a child considered 'in need of protection'?
- When parents are separated
- When the child has suffered or is at risk of suffering physical, sexual, or emotional harm (Correct answer)
- When the child misses school regularly
- When a parent has a prior criminal record
Correct answer: When the child has suffered or is at risk of suffering physical, sexual, or emotional harm
The CYFSA defines a child in need of protection as one who has suffered, or is at risk of suffering, physical, sexual, or emotional harm, or is in need of medical treatment.
LSO Barrister Family Law 2
Under the Family Law Act, which asset is excluded from a spouse's net family property?