Free NCA Family Law (Canada) Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the NCA Family Law (Canada) Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1How does the Civil Marriage Act define marriage for civil purposes?

   1. A.A lawful union of two persons excluding all othersCorrect answer: A
   2. B.A conjugal union requiring a shared household
   3. C.A registered union requiring different sexes
   4. D.A private union allowing concurrent spouses

   Explanation: The source states: "Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others." The statutory definition specifies two persons and exclusivity; cohabitation, different sexes and concurrent spouses are not its defining conditions.

   Reference: Civil Marriage Act — s. 2

2. 2A spouse repeatedly controls access to money and threatens the other spouse but has no criminal conviction. Under the Divorce Act, how should counsel assess whether this can be family violence?

   1. A.Exclude it because no conviction exists
   2. B.Assess the coercive conduct despite the absence of a convictionCorrect answer: B
   3. C.Treat financial conduct as exclusively a property issue
   4. D.Require proof of a physical injury before assessing it

   Explanation: The source states: "whether or not the conduct constitutes a criminal offence" The definition includes coercive and controlling behaviour and financial abuse. Criminal conviction and physical injury are not prerequisites.

   Reference: Divorce Act — s. 2(1), family violence

3. 3At a stage of a divorce proceeding, evidence shows a possibility of reconciliation. What does section 10(2) require the court to do?

   1. A.Adjourn to allow an opportunity for reconciliationCorrect answer: A
   2. B.Dismiss the application permanently without further steps
   3. C.Grant divorce first and then offer counselling
   4. D.Continue without interruption unless both spouses request it

   Explanation: The source states: "adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation" The statute directs adjournment when that possibility appears; it does not prescribe dismissal or require a joint request.

   Reference: Divorce Act — s. 10(2)(a)

4. 4A Canadian marriage is challenged solely because both spouses are of the same sex. What does the Civil Marriage Act provide?

   1. A.The marriage requires later judicial validation
   2. B.That fact alone does not make it void or voidableCorrect answer: B
   3. C.Its validity depends on a special recognition order
   4. D.The marriage must be converted into a civil union

   Explanation: The source states: "a marriage is not void or voidable by reason only that the spouses are of the same sex." Same sex alone is no invalidating ground; validation, special recognition and conversion are not required by this provision.

   Reference: Civil Marriage Act — s. 4

5. 5A child regularly hears threats against a parent from another room. Under the Divorce Act definition, what is the relevance of this exposure?

   1. A.It matters only if the child is also threatened
   2. B.It matters only if the child sees physical contact
   3. C.It is excluded because the child is in another room
   4. D.Indirect exposure can fall within family violenceCorrect answer: D

   Explanation: The source states: "in the case of a child, the direct or indirect exposure to such conduct" The definition expressly includes indirect exposure; a direct threat to the child, visual observation or physical contact is not required.

   Reference: Divorce Act — s. 2(1), family violence

6. 6What is the earliest elapsed period after a Divorce Act reconciliation adjournment at which section 10(3) requires resumption on either spouse's application?

   1. A.Once seven days have elapsed
   2. B.Once fourteen days have elapsedCorrect answer: B
   3. C.Once thirty-one days have elapsed
   4. D.Once ninety days have elapsed

   Explanation: The source states: "Where fourteen days have elapsed from the date of any adjournment under subsection (2), the court shall resume the proceeding on the application of either or both spouses." The prescribed elapsed period is fourteen days. Seven, thirty-one and ninety confuse this period with other procedural or reconciliation rules.

   Reference: Divorce Act — s. 10(3)

7. 7Which legislature has the Constitution Act, 1867 head of power over marriage and divorce?

   1. A.The legislature where the marriage was solemnized
   2. B.The legislature where the spouses last cohabited
   3. C.The Parliament of CanadaCorrect answer: C
   4. D.The legislature where the divorce is filed

   Explanation: The source states: "Marriage and Divorce." Section 91(26) assigns this subject to Parliament; provincial location does not transfer this legislative head of power.

   Reference: Constitution Act, 1867 — s. 91(26)

8. 8Only one spouse has been habitually resident in Nova Scotia continuously for the year immediately before commencing divorce proceedings there. What does section 3(1) provide?

   1. A.Both spouses must meet the residence period
   2. B.Marriage must also have occurred in that province
   3. C.The one spouse's residence meets this jurisdictional testCorrect answer: C
   4. D.The other spouse must first consent to jurisdiction

   Explanation: The source states: "if either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding." Either spouse's qualifying residence suffices under this test; the other conditions proposed are not part of section 3(1).

   Reference: Divorce Act — s. 3(1)

9. 9Which aspect of marriage falls expressly under provincial legislative authority in section 92(12)?

   1. A.The ground for a divorce
   2. B.The legal effect of a divorce
   3. C.The capacity rules for civil marriage
   4. D.The solemnization of marriage in the provinceCorrect answer: D

   Explanation: The source states: "The Solemnization of Marriage in the Province." Solemnization is the provincial head; this differs from federal marriage and divorce authority.

   Reference: Constitution Act, 1867 — s. 92(12)

10. 10Divorce proceedings between the same spouses begin on different days in two courts that each satisfy section 3(1). The first proceeding remains pending. Which court has exclusive jurisdiction under section 3(2)?

    1. A.The court where the marriage was celebrated
    2. B.The court selected by the respondent
    3. C.The court where the second proceeding began
    4. D.The court where the first proceeding beganCorrect answer: D

    Explanation: The source states: "the court in which a divorce proceeding was commenced first has exclusive jurisdiction" The first proceeding controls on these facts; marriage venue, respondent preference and the later filing do not displace it.

    Reference: Divorce Act — s. 3(2)