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100+ Free NCA Family Law Practice Questions

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The Divorce Act bars a divorce where which of the following is established?

A
B
C
D
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2026 Statistics

Key Facts: NCA Family Law Exam

$500 CAD

Fee Per NCA Exam (plus taxes)

Federation of Law Societies of Canada (2025-2026)

3 hours

Maximum Exam Duration (open-book)

National Committee on Accreditation

March 1, 2021

Divorce Act Amendments In Force

Government of Canada, Divorce Act

50%

Passing Grade (pass/fail)

National Committee on Accreditation

Open-book

Exam Format (fact-based, written)

National Committee on Accreditation

100+

Practice Questions Here

OpenExamPrep question bank

The NCA Canadian Family Law exam is assessed by the National Committee on Accreditation under the Federation of Law Societies of Canada for internationally trained lawyers seeking to qualify in a Canadian common-law province. It is open-book, fact-based, and up to three hours, with short-answer, essay, and problem questions graded pass/fail (50%). The substantive content covers the constitutional division of powers over family law (federal Divorce Act under s. 91(26) versus provincial jurisdiction over property and unmarried partners under s. 92(13)), marriage and validity, divorce under s. 8 of the Divorce Act, spousal support (Moge, Bracklow, the Spousal Support Advisory Guidelines), child support (the Federal Child Support Guidelines and D.B.S. retroactivity), parenting after the 2021 Divorce Act amendments (best interests of the child, 'parenting time' and 'decision-making responsibility' replacing custody and access, and relocation under s. 16.9), division of family property and the matrimonial home, unmarried partners and unjust enrichment (Kerr v Baranow, Pettkus v Becker), and domestic contracts (Miglin). The exam fee is $500 CAD plus taxes. This free OpenExamPrep bank provides 100 multiple-choice knowledge-prep questions on that content; note the real exam uses written answers, not multiple choice.

Sample NCA Family Law Practice Questions

Try these sample questions to test your NCA Family Law exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under the Constitution Act, 1867, which level of government has exclusive jurisdiction over 'Marriage and Divorce'?
A.The federal Parliament under s. 91(26)
B.The provincial legislatures under s. 92(13)
C.Shared concurrent jurisdiction with federal paramountcy
D.Municipal authorities under delegated provincial power
Explanation: Section 91(26) of the Constitution Act, 1867 grants Parliament exclusive jurisdiction over 'Marriage and Divorce,' which is the constitutional basis for the federal Divorce Act and for laws governing the capacity to marry. Solemnization and most property/support matters are provincial.
2A married couple in Ontario divorces and disputes how to divide the value of property they acquired during the marriage. Which body of law governs the division of their property?
A.The federal Divorce Act, because the division flows from the divorce
B.Provincial legislation enacted under s. 92(13), Property and Civil Rights
C.The federal criminal law power under s. 91(27)
D.The federal POGG power, as a matter of national concern
Explanation: While the divorce itself is granted under the federal Divorce Act (s. 91(26)), the division of matrimonial property is a matter of property and civil rights within the province under s. 92(13). Each province has its own matrimonial property statute (e.g., Ontario's Family Law Act).
3Provincial legislatures have exclusive power over which aspect of marriage under s. 92(12) of the Constitution Act, 1867?
A.The capacity (essential validity) to marry
B.The grounds on which a divorce may be granted
C.The solemnization of marriage in the province
D.The recognition of foreign divorces
Explanation: Section 92(12) gives the provinces exclusive jurisdiction over the 'Solemnization of Marriage in the Province' — the formal ceremonial requirements such as licences, banns, registration, and the qualification of officiants. Capacity to marry is federal under s. 91(26).
4Two unmarried partners in Alberta who lived together for eight years separate. Which legal framework primarily governs any claim one makes against property held in the other's name where no statute grants automatic property rights?
A.The federal Divorce Act spousal-property provisions
B.The criminal restitution provisions of the Criminal Code
C.Section 91(26) marriage and divorce jurisdiction
D.The equitable doctrine of unjust enrichment
Explanation: The Divorce Act applies only to married spouses. For unmarried (common-law) partners, property claims in provinces that do not extend matrimonial-property statutes to them are resolved through the equitable doctrine of unjust enrichment, as developed in Pettkus v Becker and Kerr v Baranow.
5Because the Divorce Act is federal legislation enacted under s. 91(26), what is true of corollary relief such as spousal support, child support, and parenting orders made under it?
A.They are available only to legally married spouses applying in connection with a divorce
B.They are available to married and unmarried couples alike
C.They are governed entirely by provincial statute
D.They can only be granted by the Supreme Court of Canada
Explanation: The Divorce Act's corollary relief (support and parenting orders) is tied to its s. 91(26) marriage-and-divorce jurisdiction and is available only to married spouses in the context of a divorce. Unmarried partners must rely on provincial family statutes for support and parenting relief.
6Which statement best describes the relationship between federal and provincial child-support obligations after a divorce in Canada?
A.Only the federal Divorce Act can ever govern child support
B.Child support for children of a marriage is governed by the Divorce Act and the Federal Child Support Guidelines, while support outside divorce is governed by provincial legislation
C.Provincial law always overrides the Divorce Act on child support
D.Child support is exclusively a matter of s. 92(13) property and civil rights
Explanation: Where parents divorce, child support is determined under the Divorce Act and the Federal Child Support Guidelines. Where parents were never married, or seek support apart from a divorce, provincial family legislation and the corresponding provincial child-support guidelines apply.
7Federal divorce legislation and a provincial family statute both validly address support in overlapping circumstances and produce conflicting outcomes in a single case. Which constitutional doctrine resolves the conflict?
A.The doctrine of interjurisdictional immunity
B.The pith and substance doctrine
C.The doctrine of federal paramountcy
D.The double aspect doctrine
Explanation: When valid federal and provincial laws conflict such that compliance with one means breach of the other (operational conflict) or the provincial law frustrates a federal purpose, the doctrine of federal paramountcy renders the provincial law inoperative to the extent of the conflict.
8Adoption, guardianship, and the property rights of unmarried cohabitants are generally regulated by which level of government in Canada?
A.The federal Parliament under s. 91(26)
B.Neither level; these are governed only by common law
C.The federal Parliament under the criminal law power
D.The provinces under s. 92(13), property and civil rights
Explanation: Matters such as adoption, guardianship, matrimonial property, and the rights of unmarried cohabitants fall under provincial jurisdiction over property and civil rights in the province (s. 92(13)). Only marriage and divorce themselves are federal under s. 91(26).
9Child protection (the apprehension and care of children at risk) in Canada is primarily a matter of which jurisdiction?
A.Provincial/territorial child welfare legislation
B.Federal, under the Divorce Act
C.Federal, under the criminal law power exclusively
D.Municipal bylaw authority
Explanation: Child protection is governed by provincial and territorial child welfare statutes (for example, Ontario's Child, Youth and Family Services Act), enacted under provincial jurisdiction. Child protection is distinct from parenting disputes between parents under the Divorce Act.
10Parliament's exclusive jurisdiction over the capacity to marry under s. 91(26) includes which of the following?
A.The fee charged for a marriage licence
B.The minimum age of consent to marriage and prohibited degrees of consanguinity
C.The qualifications of a person authorized to perform the ceremony
D.The form of the marriage register kept by the province
Explanation: Essential validity — including capacity, the prohibited degrees of relationship, and the minimum age of marriage — falls under the federal marriage power. Licensing fees, officiant qualifications, and registers are formal solemnization matters that are provincial under s. 92(12).

About the NCA Family Law Practice Questions

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