Halsbury's Laws of Canada – Family (2018 Reissue)
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Family law issues can be related to any area of practice and are therefore an ongoing concern for lawyers in every field of practice. Whether 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 (2018 Reissue) 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 that 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 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
- Types of domestic contracts
- Requirements and enforcement
- Impact on property division
- Setting aside or varying
- And much more.
Table of contents
2. Capacity to Marry
3. Recognition of Foreign Marriages
4. Nullity and Annulment
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 Remarriage
IV. 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 Claims
V. 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 Orders
VII. Domestic Contracts under Provincial Legislation
1. Availability and Purpose
2. Types of Domestic Contracts
3. Formal Requirements
5. Impact of Property Division
6. Setting Aside or Varying Domestic Contracts
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