Glossary
In Family Law
To serve a document by special service means you have to give a copy of that document to your partner by either:
- getting someone like a family member, friend, or process server to give the copy to your partner in person
- giving the copy directly to your partner’s lawyer
- giving the copy to an adult living at the same home as your partner and also mailing a copy of the document your partner’s address within one day
There are rules about how to serve a document by special service that depend on how you serve the document. For example, you can mail the document but your partner must mail you back a special form to say that they received your document.
Some documents, such as documents that start a court case, must be served by special service. Most documents can be served by regular service.
In Wills and Powers of Attorney
A specific bequest is a gift of a certain piece of property, for example, a piece of jewellery or a car, or a specific bank account, to a person or organization in a will.
In Family Law
Split custody is where parents who have separated or divorced have:
- more than one child together, and
- each parent has one or more of their children living with them most of the time.
Split custody may affect the amount of child support paid.
In Family Law
Split parenting time, which used to be called split custody, is where parents who have separated or divorced have:
- more than one child together, and
- each parent has one or more of their children living with them most of the time.
Split parenting time may affect how much child support is paid.
In Immigration Law, Income Assistance, Refugee Law
A sponsorship undertaking refers to the period of time when a sponsor is financially responsible for the person they sponsor. It starts on the day the sponsored person becomes a permanent resident and ranges from 3 to 20 years, depending on the family class category the person was sponsored under.
In Family Law
Spousal support is money paid by one partner to the other partner after they separate or divorce. Spousal support is not automatic. The partner asking for spousal support must show that they have a legal right to spousal support.
If spousal support is paid, the partner with the higher income almost always pays support to the partner with the lower income. There are Spousal Support Advisory Guidelines that help lawyers and judges calculate how much and how long support needs to be paid. There’s also an online tool that can give you a basic idea of how much and for how long, support needs to be paid.
In Family Law
The Spousal Support Advisory Guidelines (SSAGs) are guidelines that can help you and your partner and a judge decide how much spousal support should be paid and for how long. These are only guidelines, not laws. A judge can order more or less support than what the guidelines say.
The SSAGs use 2 different formulas. One is for partners who have no children together. The other is for partners who have children together.
The formulas calculate a range of low, middle, and high support amounts, as well as the length of time spousal support might need to be paid for.
In Wills and Powers of Attorney
The term spouse has different meanings depending on the area of law. In estates law, which deals with wills and Powers of Attorney, someone is your spouse if:
- you’re married to them
- you’ve lived together for at least 3 years or sometimes less if you’re raising a child together.
The definition of spouse is different in family law. And it depends on whether you’re dealing with property division or support.
In Immigration Law, Refugee Law
Your spouse is someone who you’re legally married to. You must have both been physically present at the wedding.
In Criminal Law
It is an indictable offence to cause damage to property by starting a fire or explosion with the intention of defrauding any person.