Chapter 7 Family Law

Void Marriage

A marriage legally deemed to have never taken place due to existing marriage, underage status, family proximity, or lack of mental capacity.

Voidable Marriage

A marriage that remains valid until annulled due to non-consummation, duress/forgery, or failure to comply with statutory formalities.

Separation of Property Regime

A marital framework where all assets solely belong to the person holding the legal title, regardless of when they were acquired.

Grounds for Divorce

Established by showing a breakdown of marriage through either living separate and apart for 1 year, adultery, or physical/mental cruelty.

Condonation

The act of forgiving or condoning a spouse's past misconduct, which prevents that misconduct from being used later as grounds for divorce.

Connivance

A scheme where one spouse intentionally secretes or lures the other spouse into committing misconduct.

Resulting Trust

A legal presumption where a property's beneficial ownership is shared based on a common intention, often demonstrated through down payments.

Constructive Trust

A court-imposed remedy where one party is deemed to hold property in trust because they were unjustly enriched at the expense of another.

Improvident Depletion

A legal application where a spouse requests an immediate division of matrimonial property during an ongoing marriage due to fear that the other partner is jeopardizing family assets.

Spouse Definition (Common Law)

Legal recognition extended to unmarried couples who have cohabited for at least 3 years, or who share a child within a relationship of permanence.

Matrimonial Contract Enforcement

Domestic agreements that are technically valid orally but must be executed in writing with full disclosure to be legally enforceable

Legal Contract Requirements

The five elements required for validity: offer and acceptance, legally competent parties, consideration, genuine intent, and a lawful object.

Divorce Decree Nisi

The preliminary conditional judgment granted by a court prior to finalizing a divorce.

Divorce Decree Absolute

The final legal decree issued 31 days after the Decree Nisi that legally terminates a marriage.

Retroactive Spousal Support

A court mechanism allowing judges to backdate periodic spousal support awards up to 3 years to encourage prompt legal action

Joint Legal Custody

A parenting arrangement where both parents retain an equal voice in major decisions affecting the child's life.

Joint Physical Custody

A shared parenting arrangement where children rotate homes, requiring comparable residences within the same neighborhood

Piercing the Corporate Veil

A judicial action forcing a privately owned corporation to pay out corporate assets to settle a shareholder's personal divorce dispute.