Family Law: Divorce and Division of Assets Amir Bashir Golnar Golpayegani Diana Kasovski

Family Law  Divorce Act – 1968  Divorce Act – 1985

Objectives  To Lay Out Guiding Principles for Who Can Apply for a Divorce and What Are Acceptable Reasons for Divorce  To Lay Out the Guidelines for the Following in the Event of a Divorce: Child Support Spousal Support Custody and Access Orders

Eligibility for Divorce  Who Can Apply for a Divorce in Canada? Legally Married Couples Intend to Live Separate Permanently Live in Canada for at least One Year  Acceptable Reasons for Divorce Living Separately for One Year Adultery Physical and/or Mental Abuse

Division of Assets  How is Property Divided? 5 Steps Equalization Payment

Who Benefits Most/Least from this Division?  Advantage- Person with Fewer Assets Ex. Maria  Disadvantage- Person with More Assets Ex. George

Criticism  Divorce may not be Economically Efficient

Recommendation  Longer Waiting Periods  Cost-Benefit Analysis

Counter-Argument  Divorce can be efficient

Recommendation  Reduce or Remove Divorce Penalty  Implement Social Services for Children

Conclusion  Consequences for Children of Divorce