LSO Barrister Family Law 2

Question 1

Under the Family Law Act, which asset is excluded from a spouse's net family property?

Accepted Answer

Gifts or inheritances received from third parties during the marriage

Answer

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?

Accepted Answer

Ontario Court of Justice

Answer

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?

Accepted Answer

Either spouse may apply for exclusive possession regardless of ownership

Answer

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?

Accepted Answer

Separation for one year, adultery, and physical cruelty

Answer

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'?

Accepted Answer

A domestic contract resolving issues such as property, support, and parenting on separation

Answer

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.

Ontario Bar Barrister Practice Test

Ontario Bar Barrister Practice Test

LSO Barrister Family Law 2