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Family Law Flashcards

6 cards from real LSO BARRISTER practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Family Law flashcards as text

  1. Under the Ontario Family Law Act, what is the concept of 'equalization of net family property'?

    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.

  2. Under the Family Law Act, what is the 'valuation date' for calculating equalization of net family property?

    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.

  3. Under the Divorce Act (Canada), what is the primary consideration in determining custody and access arrangements?

    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.

  4. Under the Ontario Child Support Guidelines, what primarily determines the amount of child support?

    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.

  5. Under the Spousal Support Advisory Guidelines (SSAG), which of the following is a factor in determining spousal support quantum?

    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.

  6. Under the Ontario Children's Law Reform Act, what is the presumption regarding parentage?

    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.

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