NCA Family Law key terms

The legally recognized union of two people, formed when the parties satisfy the formal requirements of solemnization and registration and have capacity to consent.

The legal ability to enter a valid marriage, which requires minimum age, mental capacity to understand the commitment, and freedom from a prior subsisting marriage or prohibited blood relationship.

A cohabiting couple living in a marriage-like relationship for a required period, which may attract certain statutory rights and obligations depending on the governing legislation.

A declaration that a marriage is void or voidable because of a defect existing at the time of the ceremony, such as incapacity, duress, or a prohibited degree of consanguinity.

A marriage that is invalid from the outset and has no legal effect, typically because a fundamental requirement such as capacity, consent, or freedom to marry was absent.

A marriage that remains valid unless a court declares it invalid on a ground such as duress, fraud, or lack of consummation, usually at the request of the affected spouse.

The no-fault ground for divorce showing the marriage cannot continue, established by statutory indicators such as separation for a required period, adultery, or cruelty.

Living apart with the intention to end the marital relationship, which may continue even if the spouses reside under the same roof but lead separate lives.

The court-ordered dissolution of a valid marriage that ends the marital status and allows the parties to address support, property, and parenting issues.

The set of statutory or contractual rules determining how property acquired during a marriage is owned, managed, and divided when the relationship ends.

The dwelling where the spouses ordinarily reside, often given special legal protection regarding occupancy, sale, and division regardless of whose name appears on title.

The process of allocating marital assets and debts between spouses on separation or divorce, guided by statutory factors such as contribution, need, and length of marriage.

A court-ordered departure from the presumptive equal sharing of matrimonial property, granted when an equal split would be unconscionably unfair given the circumstances.

Periodic or lump-sum payments from one former spouse to the other to address economic disadvantage arising from the relationship, ongoing need, or contractual entitlement.

The core statutory considerations in setting spousal support, weighing the payor's ability to pay against the recipient's financial requirements and the parties' circumstances.

Spousal support awarded to offset economic disadvantage caused by the relationship, such as lost career opportunities, caregiving, or the benefit one spouse gained from the other's contributions.

A non-binding framework providing ranges for amount and duration of spousal support, applied with discretion and adjusted for the specific facts of each case.

The obligation of parents to contribute financially to their children's upbringing after separation, typically calculated by statutory tables based on income and number of children.

Regulations setting presumptive table amounts of child support by payor income and children, supplemented by rules for shared parenting, split parenting, and special expenses.

Child-related costs beyond basic table support, such as childcare, health premiums, extracurricular activities, and post-secondary education, shared according to the parties' incomes.

Income a court attributes to a parent beyond documented earnings, used when a party is intentionally underemployed, fails to disclose income, or has non-cash benefits.

The paramount standard in parenting decisions, assessing factors such as the child's needs, each parent's ability to care, the child's views, and the child's safety.

The legal authority to make significant decisions about a child's upbringing, including education, health care, and religion, which may be held solely or jointly.

The schedule and manner in which a child spends time with each parent, replacing older terminology and focusing on the child's relationship rather than ownership.

The right of a non-custodial person, such as a grandparent or other significant adult, to visit or communicate with a child when consistent with the child's best interests.

The statutory system through which the state investigates reports of abuse or neglect and intervenes to safeguard a child's welfare when parents cannot or will not do so.

A child who has suffered or is at risk of harm, neglect, or abandonment, triggering state authority to investigate and possibly assume guardianship or supervision.

The statutory power to take a child into protective custody without a prior court order when there are reasonable grounds to believe the child is in immediate danger.

The legal status of holding parental rights and responsibilities for a child, which may be held by parents, jointly, or by a child welfare authority after protective proceedings.

A court order prohibiting a person from contacting, approaching, or harassing another person, often granted in family matters where safety or fear of harm is established.

A short-term order available on an urgent basis, often without notice, granting immediate safety measures such as exclusive occupancy of the home or a no-contact provision.

Any conduct by a family member that causes fear of harm or controls another person, including physical, emotional, psychological, sexual, and financial abuse.

A court order granting one spouse the sole right to occupy the family home and excluding the other, often used where there is violence or conflict.

A written agreement between spouses or partners addressing property, support, or other rights, enforceable if properly executed and free from unconscionability or material misrepresentation.

A contract between partners who are not married, setting out their rights and obligations regarding property, support, and other matters during and after the relationship.

A domestic contract signed before marriage that governs property division, support, or other matters in the event of separation, provided it meets statutory enforceability requirements.

The place where a person has a settled and ongoing connection, used as a key connecting factor for determining jurisdiction in custody and family matters.

A court's legal authority to hear a matter, determined in family law by factors such as the parties' residence, the children's habitual residence, or a real and substantial connection.

A discretionary doctrine allowing a court to decline jurisdiction when another forum is clearly more appropriate and can better serve the interests of the parties and children.