Divorce Act Manual is for anyone with a specific interest in family law, in particular, the areas of spousal and child support. This practical reference tool is designed and organized to enable the busy lawyers to achieve the desired result with a reduced hassle. This nationally relevant work focuses on how the trial courts and provincial Courts of Appeal apply the laws in the cases that come before them.
Areas covered include
- Jurisdiction in corollary relief proceedings
- Duty of the legal advisor
- Child and spousal support orders
- Income information
- Order for custody
- Recognition of foreign divorce
One can benefit from the insight offered through this authoritative service that includes complete commentary and extensive case discussions.
New in this edition
- Fournier v. Fournier, 2019 CarswellAlta 244 (Alta. Q.B.): Parties entered into homemade agreement after short-term marriage and wife applied for spousal support in the face of an agreement that provided for time limited spousal support. The court held that the agreement was given little weight in determining the issue given that it was only partly determinative of the issues, there was a lack of negotiation, there was no independent legal advice and the parties could not agree on what the agreement meant.
- Nogueira v. Kuczynski, 2019 CarswellOnt 1877 (Ont. S.C.J.): Motion brought challenging the jurisdiction of the court to hear a divorce where neither party resident in Ontario although had been during the marriage and at the time the application was issued. Proceedings also commenced in another jurisdiction for corollary issues and court held that there was no need to multiple proceedings even though the technical elements had been met.
- Young v. Hanson, 2019 CarswellOnt 2649 (Ont. S.C.J.): The court declined to make any decision with respect to custody of youngest child on an interim basis despite mother facing criminal charges in the death of the party's eldest child. Mother agreed to supervised access to youngest child and court indicated that despite criminal charges, child had a right to a relationship with mom and dad was required to provide meaningful, regular and frequent access.
- Zacher v. Zacher, 2019 CarswellOnt 3080, 303 A.C.W.S. (3d) 100, 2019 ONSC 1450 (Ont. S.C.J.): The court awarded short-term (less than one year) spousal support for a wife when both parties were 82 years of age and despite the fact that the court determined that the wife fell woefully short of establishing need due to her considerable financial resources. The court determined that she had an obligation to encroach on her capital if need be to support herself.