Halsbury's Laws of Canada - Family
Publisher: LexisNexis Canada
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Family law issues can be associated to any area of practice and is therefore an ongoing concern for lawyers in every field of practice. Whether it is in regard to the sale of a business, the collateral securing of a debt, disposal of a family asset or the general framework relevant to the division of property, legal counsel must always be prepared to provide straightforward answers to practical questions concerning the implications of marriage, co-habitation, separation and divorce.
Halsbury's Laws of Canada Family title is the ideal resource for practitioners seeking a clear understanding of the black letter law in this important area. It carefully, concisely and reliably explains the legislation and cases which govern family law issues in every jurisdiction in Canada, allowing non-specialists to quickly locate, contextualize and apply the basic elements of the law.
Topics covered include:
- The constitutional framework
- The legalities of marriage
- Requirements for a valid marriage, including parental consent, form of ceremony, and registration requirements
- Qualified parties to a marriage, consanguinity and affinity, consummation, "immigration marriages", and recognition of foreign marriages
- Void and voidable marriages, and annulment distinguished from divorce
- Divorce proceedings
- Jurisdiction in divorce and corollary relief proceedings
- Petitions or applications for divorce
- Application for corollary relief
- Variation of corollary relief orders
- Grounds for divorce
- Bars, defences and duties of the court
- Duties of the legal advisor
- Certificate of divorce and appeals
- Religious barriers to remarriage
- Property claims on breakdown of relationships
- Standing for married persons, common law spouses and third parties
- Property subject to division
- When application can be brought
- Application of trust law principles
- Unjust enrichment and constructive trusts
- Rights against secured creditor of spouse's assets
- Deductions and exclusions
- Valuation of assets
- Property acquired after separation
- Debts incurred in reckless manner or bad faith
- Matrimonial home issues
- Treatment on breakdown of marriage
- Possessory rights
- Setting aside conveyance or encumbrance lacking consent
- Determining ownership
- Spousal support
- Economic effects of relationship
- Promoting economic self-sufficiency
- Interim, temporary and final orders
- Domestic contracts
And much more.
Features and Benefits
- Enhanced contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations -An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning.
- Selected secondary sources -Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful.
- Glossary of definitions -Identifying words and phrases defined in relevant legislation governing family law, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions.
Table of Contents
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
2. ProvincialII. Marriage
2. Capacity to Marry
3. Recognition of Foreign Marriages
4. Nullity and AnnulmentIII. Divorce
2. Ordinary Residence
3. Proceedings under the Divorce Act
4. Grounds for Divorce
5. Bars, Defences and Duties of the Court
6. Duties of Spouse’s Legal Advisor
7. Certificate of Divorce and Appeals
8. Religious Barriers to RemarriageIV. Property Claims on Breakdown of Relationship
2. Entitlement to Property
3. Types of Property
4. Application of Trust Principles
5. Deductions and Exclusions
6. Valuation of Assets
7. Post-Separation Events
8. Factors Regarding Division of Family Property
9. Jurisdiction to Settle Property ClaimsV. Matrimonial Home
2. Treatment of Matrimonial Home on Breakdown of Marriage
3. Possessory Rights
4. Right to Alienate or Encumber Matrimonial Home
5. Severance of Joint Tenancy
6. Determining Ownership VI. Spousal Support
2. Entitlement to Spousal Support
3. Interim or Temporary Orders
4. Final OrdersVII. Domestic Contracts
1. Formal Requirements
2. Types of Domestic Contracts
3. Jurisdiction to Vary Property Provisions
4. Jurisdiction to Vary Child Support Provisions
5. Jurisdiction to Vary Spousal Support Provisions
6. Setting Aside Domestic Contracts
Esther L. Lenkinski, B.A., LL.B.
Esther L. Lenkinski, B.A., LL.B., of the Ontario Bar, practises family law at Lenkinski Family Law and Mediation. She is a Certified Specialist in family law and the former Head of the Advocates' Society family law section. She frequently appears as a panelist and lecturer at various legal education programs in family law. Her previous publications include Practical Guide to the Family Law Act, 1986 and The Arbitration Process in Family Law. She has acted as Lead Counsel in many important family law cases, including most recently (and successfully) the Court of Appeal's decision in Tierney-Hynes v. Hynes, and the rulings in Sarafinchin v. Sarafinchin, and Sirdevan v. Sirdevan.
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