Difference between revisions of "Learning about Family Law"

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*you or your spouse has committed '''adultery''', or  
*you or your spouse has committed '''adultery''', or  
*you were treated by your spouse with physical or mental cruelty.
*you were treated by your spouse with physical or mental cruelty.
You can apply for a divorce in BC even if you were married in another country. You will require proof that you were legally married, and that you or your spouse lived in BC for the 12 months before you apply for divorce.
Canada recognizes the following as proof of marriage from other countries:
*Marriage certificate
*Marriage registration
*Certified copies of marriage documents
Some cultures have their own divorce ceremony, but you are not legally divorced in Canada unless you have a '''court order''' for divorce from Canada or another country.
If you and your spouse agree to get a divorce, the judge reviews the documents you filed with the court.
If you have children, the judge will want to see how you have both agreed to care for them and support them.


==Making an agreement==
==Making an agreement==

Revision as of 00:24, 15 January 2014

Family law is the area of law that deals with marriage, relationships and children. In this section, you will learn about:

  • Being married or in a marriage-like relationship,
  • Getting separated,
  • Getting divorced,
  • Making an agreement ,
  • Mediation to help reach an agreement,
  • Family Justice Counsellors,
  • Collaborative family law,
  • Finalizing your agreement,
  • Caring for and making decisions for children,
  • Child’s best interest,
  • Child support,
  • Spousal support,
  • Dividing family property,
  • Moving with a child,
  • Parents can get help,
  • Protection from violence in the family,
  • Separation and sponsorship,
  • Going to court,
  • When children need protection.

The two laws in BC that you may need to know about are:

  • Family Law Act. This is a provincial law that applies to all married and common-law couples.
  • Divorce Act. This is a federal law that applies to married spouses only.

Rights and responsibilities[edit]

When you are married to someone, or living with someone, the family law says you are a spouse. As a spouse, you have legal rights and responsibilities about caring for children and caring for each other. A spouse is each person who is in a same-sex or opposite-sex relationship. There are three kinds of living arrangements in which you can be a spouse.

Marriage and marriage-like relationships[edit]

When you are married to someone or living with someone, the family law says you are a spouse. A spouse is each person who is in a same-sex or opposite-sex relationship. If you have a child together you have a responsibility to support that child. One parent may also be responsible for the support of the other parent. There are three kinds of spouses who have legal rights and responsibilities about caring for children and each other. The three kinds of spouses are:

  1. People who are married. To be legally married, you must have a religious or civil marriage ceremony. After that, you stay married until one partner dies or until the marriage is legally ended by a divorce.
  2. People who are not married but have lived together in a marriage-like relationship for two years or more. Many people call a marriage-like relationship a “common-law” relationship.
    It is not illegal to live in a common-law relationship while you or the other person is still legally married to someone else. A common-law relationship ends when you begin to live apart.
    No matter how long you live together in a common-law relationship, you are not married under the law.
  3. People who are not married but have lived in a marriage-like relationship for less than two years and have a child together If you have a child together you have a responsibility to support that child. One parent may also be responsible for the support of the other parent.

Getting separated[edit]

Every year in BC, thousands of married and common-law couples stop living together. This is called separation. There is no such thing as a “legal separation.” If you’re married or in a common-law relationship, you become separated as soon as you and your spouse start living apart from each other with the intention of separating.

You don’t have to see a lawyer or go to court to be separated.

You might still live in the same house to save money, but you are usually considered separated if you don’t share things like meals, a bedroom, and social activities. You don’t need your spouse’s permission to separate.

Getting divorced[edit]

For couples who have been legally married, divorce is the only way to legally end the marriage. You apply for a divorce by filling out documents and filing them with the BC Supreme Court. You don’t need your spouse’s permission to apply for a divorce. The only legal reason for divorce is "marriage breakdown." You can apply for a divorce saying you have "marriage breakdown" if:

  • you or your spouse have lived separately for one year,
  • you or your spouse has committed adultery, or
  • you were treated by your spouse with physical or mental cruelty.

You can apply for a divorce in BC even if you were married in another country. You will require proof that you were legally married, and that you or your spouse lived in BC for the 12 months before you apply for divorce. Canada recognizes the following as proof of marriage from other countries:

  • Marriage certificate
  • Marriage registration
  • Certified copies of marriage documents

Some cultures have their own divorce ceremony, but you are not legally divorced in Canada unless you have a court order for divorce from Canada or another country.

If you and your spouse agree to get a divorce, the judge reviews the documents you filed with the court.

If you have children, the judge will want to see how you have both agreed to care for them and support them.

Making an agreement[edit]

Mediation[edit]

Family Justice Counsellors[edit]

Collaborative family law[edit]

Finalizing your agreement[edit]

Care and decisions for children[edit]

Guardians and guardianship[edit]

Parental responsibilities[edit]

Parenting time[edit]

Parenting arrangements[edit]

Contact with the child[edit]

Child's best interest[edit]

Children's property[edit]

Child support[edit]

A child should benefit[edit]

Child Support Guidelines[edit]

What if a parent refuses to pay child support?[edit]

Spousal support[edit]

What if a spouse refuses to pay spousal support?[edit]

Dividing family property[edit]

Moving with a child[edit]

Parents can get help[edit]

Parenting After Separation program[edit]

Protection from violence in the family[edit]

Separation and sponsorship[edit]

Going to court[edit]

Exchanging information[edit]

Meeting with a child support clerk[edit]

Meeting with a family justice counsellor[edit]

Meetings to discuss options for settling your case[edit]

A temporary solution[edit]

If you and your spouse can agree[edit]

Ig you and your spouse cannot agree[edit]

When children need protection[edit]

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2013.



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