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e. Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a ...
In Canada, family law is primarily statute -based. The federal government has exclusive jurisdiction over marriage and divorce under section 91 (26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It may be "notarized" or acknowledged and may be the subject of the statute of frauds. Like the contents of a prenuptial agreement, provisions vary ...
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup) is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens if their marriage eventually ends by death or divorce.
Since 2003, adult interdependent relationships have been available to both same-sex and opposite-sex couples in the Canadian province of Alberta, imposing some but not all of the obligations of marriage and providing some but not all the rights and benefits thereof. According to the Alberta Ministry of Agriculture, Food, and Rural Development ...
Miglin v Miglin, [2003] 1 S.C.R. 303, 2003 SCC 24, is the leading case decided by the Supreme Court of Canada on the use of separation agreements. The Court established a two-stage test to determine whether a separation agreement can be relied upon. Prior to the Miglin decision, the leading cases on separation agreements was the Pelech Trilogy.
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