LSO Barrister Family Law 1 — Questions and Answers
Question 1: Under the Ontario Family Law Act, what is the concept of 'equalization of net family property'?
- Division of all assets equally between spouses
- Each spouse receives half of the difference in their net family property accumulated during marriage (Correct answer)
- Division of only marital home proceeds
- Division of debts equally
Correct answer: Each spouse receives half of the difference in their net family property accumulated during marriage
Equalization means the spouse with the higher net family property pays half the difference to the other, so each spouse shares equally in property accumulated during the marriage.
Question 2: Under the Family Law Act, what is the 'valuation date' for calculating equalization of net family property?
- Date of marriage
- Date of marriage breakdown (typically separation) (Correct answer)
- Date of divorce
- Date of trial
Correct answer: Date of marriage breakdown (typically separation)
Under section 4(1) of the Family Law Act, the valuation date is the earliest of: separation with no reasonable prospect of resumption, divorce, annulment, death, or a court order.
Question 3: Under the Divorce Act (Canada), what is the primary consideration in determining custody and access arrangements?
- The wishes of the parents
- The best interests of the child (Correct answer)
- The financial resources of each parent
- Equal time with each parent
Correct answer: The best interests of the child
Section 16(1) of the Divorce Act directs courts to make parenting orders based only on the best interests of the child.
Question 4: Under the Ontario Child Support Guidelines, what primarily determines the amount of child support?
- The child's needs and expenses
- The payor's income and number of children (Correct answer)
- Negotiations between the parents
- The child's standard of living during marriage
Correct answer: The payor's income and number of children
The Federal Child Support Guidelines set table amounts based on the payor's gross annual income and the number of children for whom support is owed.
Question 5: Under the Spousal Support Advisory Guidelines (SSAG), which of the following is a factor in determining spousal support quantum?
- The length of marriage and economic disadvantage caused by the relationship (Correct answer)
- Only the needs of the recipient spouse
- Only the ability to pay of the payor
- The fault of either spouse in causing the marriage breakdown
Correct answer: The length of marriage and economic disadvantage caused by the relationship
The SSAG consider length of marriage, roles during the relationship, and economic disadvantage to calculate quantum and duration ranges for spousal support.
Question 6: Under the Ontario Children's Law Reform Act, what is the presumption regarding parentage?
- The birth mother is always the legal parent
- A person is presumed to be a child's parent if they were married to the birth parent at the time of birth (Correct answer)
- Genetic parentage always determines legal parentage
- Courts determine parentage based only on DNA evidence
Correct answer: A person is presumed to be a child's parent if they were married to the birth parent at the time of birth
The CLRA creates presumptions of parentage, including that a person married to the birth parent at the time of the child's birth is presumed to be a parent.
LSO Barrister Family Law 1
Under the Ontario Family Law Act, what is the concept of 'equalization of net family property'?