Traditional Views Until the end of the last century marriage was a very stable institution. Based on religious values and morals Man + Woman + kids = Family In the late 1900s this was called the “nuclear family” Leave it to Beaver Father knows best

Tradition cont. The Constitution Act, 1867, divides the power of making marriage laws between the federal and provincial governments. The federal government defines it, but the provinces administer it. Anyone over 19 years of age is eligible to marry in Nova Scotia. Anyone under 19 years of age must get consent of both parents. No one under 16 years can be married without the consent of the Court.

The Family has changed Today’s families have changed and consist of: Single-parent families Blended families-the result of divorce and remarriage Childless marriages Common-law relationships with or without children Same-sex relationships

Formal Requirements These are outlined in the Marriage Act for each province. 1. Marriage license or Banns 2. Marriage ceremony performed by someone with legal authority (minister, priest, rabbi, justice of the peace). 3. Minimum Age 4. Blood tests (Alberta and P.E.I.)

ESSENTIAL REQUIREMENTS OF MARRIAGE Mental capacity: no person who lacks mental capacity by reason of illness, drugs, or alcohol can legally marry. No prior marriages; MONOGAMY is the only accepted form of marriage in Canada. Genuine consent: since marriage is a contract, the parties must give their free and voluntary consent to it Minimum Age: Each party must be old enough to marry – the age will vary from provinces Sexual capacity; Both parties must be physically able to have sexual intercourse to consummate the marriage. As of 2005, same sex marriages were accepted by the government, allowing churches to exercise their Charter Rights to refuse.

Common Law Under new regulations any couple residing together in the same home for more that 1 year can claim to be common law. Monogamy is the key element required for this. More than 1.3 million same and opposite sex couples lived in common law relationships across Canada in 2006, including 34,700 couples in Nova Scotia In 1999 same sex partnerships qualified as common law.

Not quite yet In some circumstances, marriages may be prevented. Affinity: a marriage is not valid if the people are too closely related by marriage. Consanguinity: marriage is not valid when the people are too closely related by blood.

Annulment/Separation? Divorce Since marriage is a binding contract, it is required that in order to terminate or end the marriage, an annulment or divorce is the correct legal procedure. Annulment is a court order that states that a marriage that seems valid is legally void and never existed from the start. Divorce is a formal recognition that the marriage should be terminated for the best interests of one or both parties.

SEPARATION Separation is an intermediate step between marriage and divorce. Unless the couple obtains a divorce, even though they may live apart, they are still legally married.

DIVORCE Divorce is the legal procedure that ends a valid marriage. A judge will hear the case just like Civil court procedure. Testimony will be given by both the petitioner and the respondent and sometimes a co-respondent.

Valid Reasons for Divorce Marriage breakdown – no one party is totally responsible – the marriage has just broken down Adultery Cruelty – physical or mental are valid reasons for divorce

Alimony Alimony is the older term to describe the monetary allowance required to be paid from one spouse to the other. Often based on evidence of infidelity, cruelty, abandonment Now more commonly referred to as Spousal Support. Must be applied for during the divorce.

Spousal Support Amount can vary Length of the relationship Children Role of the spouse during the marriage

Child Support When there are children involved there is a responsibility to attempt to maintain as close as possible of a lifestyle that existed in the home before the break up. The individual with the lower income will usually receive payments. Payments cease when the receiver remarries.

Sample Child Support Amounts Based on the Paying Parent’s Income Monthly Child Maintenance Amount Yearly Income One Child Two Children Three Children $ 10,000$ 28$ 61 $66 $ 20,000$ 161$ 292$ 400 $ 30,000$ 268$ 453$ 598 $ 40,000$ 348$ 579$ 764 $ 50,000$ 435$ 715$ 938 $ 75,000$ 648$ 1,045$ 1,363 $ 100,000$ 840$ 1,345$ 1,750

Division of Assets In a divorce a spouse may claim 50% of assets acquired together (home, possessions, etc) Not always the case with common law In cases of abuse, neglect, etc, the courts may award more for one spouse over the other.

Division of Assets Some assets brought into a marriage can be excluded. (inheritances) Spouse may also claim pensions, benefits Spouses may claim total possession of things like a home etc., but then must compensate (buy out) the other partner or sell it and divide equally. o o