NCA Family Law study guide
NCA Family Law · Work through your exam, one topic at a time.
The NCA Family Law Examination is one of the challenge examinations administered through the National Committee on Accreditation (NCA) process for internationally trained lawyers and Canadian common law graduates from civil law jurisdictions who are seeking to qualify in a Canadian common law province or territory. Family law is one of the subject areas the NCA assigns when it reviews an applicant's academic record and finds insufficient coverage of the topic. The NCA Family Law study guide has 10 sections and about 2,461 words.
01Marriage and the Formation of Family Relationships
A candidate must be able to explain the legal requirements for a valid marriage: capacity (age, prior undissolved marriage, prohibited degrees of consanguinity and affinity), consent (free and informed, absent duress, fraud, or incapacity), and formalities (licence, solemnization, registration, witnesses). Distinguish void marriages (never legally valid, e.g.
311 words, about 2 min02Divorce and Annulment
Understand the difference between divorce (dissolving a valid marriage) and annulment (declaring a marriage void or voidable). In Canada, the federal Divorce Act governs divorce; the ground is breakdown of marriage , established by living separate and apart for at least one year, adultery, or cruelty.
280 words, about 1 min03Property Division and Matrimonial Property Regimes
Property division is governed by provincial or territorial law , not the Divorce Act . Candidates must know the main models: deferred community of property (e.g.
268 words, about 1 min04Spousal Support and Maintenance
Spousal support under the Divorce Act or provincial statutes requires an entitlement basis: compensatory (economic disadvantage from the relationship or its breakdown), non-compensatory/needs-based, or contractual. Once entitlement is established, the court considers the Spousal Support Advisory Guidelines (SSAG) as a discretionary tool, the length of the relationship, roles during marriage, ages, health, and self-sufficiency.
239 words, about 1 min05Child Support
Child support is governed by the Federal Child Support Guidelines (for divorce) or provincial guidelines. The table amount depends on the payor's income and the number of children, and applies whether custody is shared or not, subject to adjustments.
249 words, about 1 min06Custody, Access, and the Best Interests of the Child
The governing standard is the best interests of the child , assessed through factors such as the child's needs, age, views, relationships with each parent, ability to care, history of care, family violence, and cultural and linguistic heritage. Understand decision-making responsibility and parenting time (the modern Divorce Act terminology), access , and the distinction between legal custody (decision-making) and physical custody (residence).
248 words, about 1 min07Child Protection and Welfare
Child protection is governed by provincial and territorial statutes. Understand the grounds for intervention (abuse, neglect, risk of harm), the duty to report, the role of child protection agencies, and the court process for protection orders, supervision orders, and temporary or permanent wardship.
229 words, about 1 min08Family Violence and Restraining Orders
Family violence includes physical, sexual, psychological, and financial abuse, and coercive control. Understand the difference between criminal remedies (peace bonds, criminal charges) and civil remedies (restraining orders, emergency protection orders, exclusive possession of the home).
226 words, about 1 min09Domestic Contracts and Family Agreements
Domestic contracts include marriage contracts , cohabitation agreements , separation agreements , and paternity or parenting agreements. They must be in writing, signed, and witnessed where required.
205 words, about 1 min10Jurisdiction, Conflict of Laws, and Procedure
Jurisdiction in family law depends on residence , habitual residence , domicile , and the child's habitual residence under the Hague Convention for international child abduction. The Divorce Act requires a real and substantial connection .
206 words, about 1 min