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Difference between revisions of "The Law for Family Matters"
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The Law for Family Matters (view source)
Revision as of 17:33, 22 December 2012
, 17:33, 22 December 2012→The Common Law and Legislation
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This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family matters doesn't deal with ancient common law principles, it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, s. 15.2(4) of the ''Divorce Act'' says that in considering a claim for spousal support, the court must: | This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family matters doesn't deal with ancient common law principles, it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, s. 15.2(4) of the ''Divorce Act'' says that in considering a claim for spousal support, the court must: | ||
<blockquote | <blockquote> | ||
... take into consideration the condition, means, needs and other circumstances of each spouse, including | ... take into consideration the condition, means, needs and other circumstances of each spouse, including | ||
(a) the length of time the spouses cohabited; | (a) the length of time the spouses cohabited; | ||
(b) the functions performed by each spouse during cohabitation; and | (b) the functions performed by each spouse during cohabitation; and | ||
(c) any order, agreement or arrangement relating to support of either spouse. | (c) any order, agreement or arrangement relating to support of either spouse. | ||
</blockquote> | |||
A lot of the case law dealing with spousal support is about how this particular section of the ''Divorce Act'' has been interpreted in past cases. A lawyer making an argument about why spousal support should be awarded to his or her client would present an argument to the judge supported by case law showing how this section has been interpreted to award spousal support in the past to spouses in circumstances similar to those of his or her client. | A lot of the case law dealing with spousal support is about how this particular section of the ''Divorce Act'' has been interpreted in past cases. A lawyer making an argument about why spousal support should be awarded to his or her client would present an argument to the judge supported by case law showing how this section has been interpreted to award spousal support in the past to spouses in circumstances similar to those of his or her client. | ||
