Access
non-custodial parent's right to information and visitation with his/her child/children.

Adoption
a legal process where a person (or persons) assumes the parenting of a child who is not related to him/her biologically and in doing so, take over all rights and responsibilities from the biological parent or parents.

Adult Interdependent Partner
in Alberta, previously known as a common law partner.

Adult Interdependent Partner Agreement
a written agreement which allows adult interdependent partners the right to spousal support and various estate rights, should the partners end their relationship, or should one partner die.

Adult Interdependent Relationships Act
an Alberta Act, since June 2003, regarding common law relationships in Alberta.

Agent
A person authorized to act on behalf of another - for example, in a Personal Directive, a person authorizes someone as an agent to act on their behalf.

Alimony
the former term for Maintenance/Spousal Support - money paid by one spouse to another after a marriage breakdown.

Assets
things of value that can be converted into cash (cash itself is also considered an asset) - for example, home, car, furniture, antiques, stocks and bonds.

Beneficiary
an individual named in a Will who will receive part of the deceased's estate.

Bigamy
an illegal act where a person enters into a second marriage while still married to someone else.

Blended family
a family with at least one stepchild.

Child Abuse
the neglect of, or physical / sexual / emotional mistreatment of children.

Child Neglect
failure to look after a child's physical, emotional and psychological needs.

Child Support Guidelines
guidelines in Canada that differ from province to province, which determine the amount of monthly child support that a parent must pay.

Close relationships
one of the five essential requirements of marriage in Canada - you cannot marry someone related to you by consanguinity (blood relationship) or adoption - for example, brothers and sisters cannot marry.

Cohabitation
a legally binding contract between common law partners who are living together or who plan to live together.

Common-law relationship
a relationship in which two people live together as a couple but are not legally married.

Confidential Information
information provided by someone secretly, with their identity not revealed.

Consanguinity
related to someone by a blood relationship - for example, brothers and sisters.

Custody
the care and control of a child awarded by the court.

Debt
that which is owed; for example - money owing on a mortgage or on credit cards, loans.

Disclose
to make information known; to provide information - in the case of separation and divorce, each spouse must disclose (provide) all financial information that may be important to each spouse when dividing up assets.

Divorce
the process that legally ends a marriage.

Divorce Act of 1985
Act passed by the Canadian federal government, stating that there is only one ground for divorce in Canada - marriage breakdown.

Enduring Power of Attorney
a document giving another person the right to look after your financial affairs - this will continue to have effect (endure) even if you have lost your mental capacity.

Equalization
following a marriage breakdown, this is the process to determine the value of the couple's property.

Equalization Payment
following a marriage breakdown, once the value of the couple's property is determined, this payment is the amount that one spouse must pay to the other to ensure there is an equal and fair distribution of property.

Estate
assets owned by an individual at death, to be distributed according to the individual's will.

Executor
a person named by the maker of a will to carry out the directions of the will.

Executrix
the name sometimes used for a female executor of a will.

Extended family
a family with children, parents, and grandparents, sharing home and finances.

Formal Requirements of Marriage
the four formal requirements of the marriage ceremony - issuing marriage licences or banns of marriage; performing the marriage ceremony; establishing age requirements; registering the marriage.

Formal Will
a type of Will in Canada that is a typed document signed by the testator in the presence of two witnesses. The witnesses cannot be beneficiaries or spouses of beneficiaries.

Genuine Consent
one of the five essential requirements of marriage in Canada - persons getting married must consent (agree) to the marriage freely.

Holograph Will
a Will prepared entirely in the testator's own handwriting, signed by the testator, often with no witnesses.

Intestate
in Canada, you have died intestate if you die without a will.

Joint Custody
when the care and control of the child/children is shared by both parents.

Living Will
a document which allows a person to state in advance what medical treatment they wish to receive and decisions to be made if they are unable themselves to communicate with medical staff or other care givers - also known as a Personal Directive.

Maintenance
also known as Spousal Support - formerly known as Alimony - money paid by one spouse to another after a marriage breakdown.

Mental Capacity
one of the five essential requirements of marriage in Canada - when getting married, both parties must have the capacity (ability) to understand the nature of the marriage and the duties and responsibilities it creates. (see also definition of' "Enduring Power of Attorney").

Minimum Age
one of the five essential requirements of marriage in Canada - in Canada, the provinces and territories have legislation requiring a minimum age for marriage.

Monogamy
the only accepted form of marriage in Canada; a person can be married to only one spouse at a time.

No-fault Divorce
a divorce in which neither spouse is considered at fault.

Non-custodial Parent
the parent that does not live with the children.

Notarial Will
one type of Will in Canada, used only in Quebec, prepared by a notary and signed before the notary and generally one witness.

Notary / Notary Public
a public official allowed by law to service the public in matters concerned with estates, deeds, powers of attorney, and who is who is legally able to witness signatures.

Nuclear family
family consisting of mother, father, and children.

Parental Consent for Marriage
In Canada, the provinces and territories have legislation requiring parental consent for a child under a certain age, if that child wishes to marry.

Personal Directive
a document which allows a person to state in advance what medical treatment they wish to receive and decisions to be made if they are unable themselves to communicate with medical staff or other care givers - also known as a Living Will.

Polygamy
an illegal act of being married to two or more persons at the same time.

Power of Attorney
a document giving another person the authority to act on your behalf and look after your financial affairs. If you lose the mental capacity to make financial decisions, this power of attorney ceases to have effect.

Separation
for couples who are legally married, this is the step between marriage and possible divorce, when a couple decides to no longer live together.

Separation Agreement
an agreement often written by couples who have separated, which outlines each spouse's position on issues such as child custody, visitation rights, spousal and child support, ownership and division of property and debts; whether or not the family home is sold.

Solemnization
the four formal requirements of the marriage ceremony - issuing marriage licences or banns of marriage; performing the marriage ceremony; establishing age requirements; registering the marriage.

Spousal support
also known as Maintenance - formerly known as Alimony - money paid by one spouse to another after a marriage breakdown.

Testament
also known as a Will - a legal document which specifies how a person's assets are to be distributed after his or her death.

Testator
a person who has a will.

Testatrix
the name sometimes used for a female testator.

Unmarried status
one of the five essential requirements of marriage in Canada - both parties must be unmarried at the time of their marriage.

Will
a legal document which specifies how a person's assets are to be distributed after his or her death - also known as Testament.



© 2018 ADLC, a subsidiary of The Board of Trustees of Pembina Hills Regional Division No. 7. All rights reserved.