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.
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.
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.
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 is also an online tool that can give you a basic idea of how much and how long support needs to be paid.
The Spousal Support Advisory Guidelines (SSAGs) are guidelines that can help you and your partner and the 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 be paid.
Canada’s immigration laws say that your spouse is someone who you’re legally married to. They don’t have to be the same sex as you.
Even if your marriage is legal where it took place, Immigration, Refugees and Citizenship Canada won’t recognize it unless you were both physically present at the wedding. This means that they won’t recognize what’s called a “proxy” marriage, where one spouse is not physically present.
This rule about proxy marriages does not apply in certain situations for members of the Armed Forces or if you applied to sponsor your spouse before June 10, 2015.
It is an indictable offence to cause damage to property by starting a fire or explosion with the intention of defrauding any person.
A statutory declaration is a statement that someone puts in writing. The person making the statement must sign it to confirm that they’re telling the truth.
They sign it in front of someone who has the legal authority to take oaths or affirmations. This includes lawyers.
Making a statutory declaration is the same as giving evidence in court under oath.
Anyone serving a prison sentence must be released after serving two-thirds of their sentence. This is known as a statutory release. There is no statutory release for someone serving a life sentence.
Charges are "stayed" when a judge or a Crown decides that it would be bad for the justice system for the case to continue. This means the issue of guilt or innocence is never determined.
Stays can be granted when the state has acted unfairly, including a failure to bring the case to trial in a timely manner. A judicial stay brings the case to an end.
A different type of "stay" is done by the Crown. A Crown stay puts the case on hold. The Crown can bring the charges back before the court within 1 year of the date the charges were stayed. After a year has passed, the Crown cannot bring the stayed charges back before the court.