Difference between revisions of "Introduction to Family Law"
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===Different rules for different relationships=== | ===Different rules for different relationships=== | ||
Family law deals with all of these | Family law deals with all of these common family law problems and more. But not all family law problems are important to all families. It really depends on the type of relationship. | ||
Family law | Family law is about four types of relationships: | ||
* '''Married spouses'''. Married | * '''Married spouses'''. Married spouses are legally married and have to get '''divorced''' to end their legal relationship. | ||
* '''Unmarried spouses'''. Unmarried spouses, also | * '''Unmarried spouses'''. Unmarried spouses, also known as '''common-law partners''', have lived together in a “marriage-like relationship” for at least two years. Except when it comes to property and debt division, the term also includes people who’ve lived together for ''less than two years'' but have had a child together. Unmarried spouses ''don’t'' need a divorce to end their legal relationship. It ends when they separate. | ||
* '''Parents'''. Parents have had a child together | * '''Parents'''. Parents are people who have had a child together, regardless of the nature of their relationship with each other. Parents can be married spouses, unmarried spouses, in a dating relationship, or not in a relationship with each other at all. Parents can also have had a child by adoption or assisted reproduction. Or they might have helped a family to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother. | ||
* '''Child’s caregivers'''. People who have a significant role in a child’s life but aren’t the child’s parents. | * '''Child’s caregivers'''. People who have a significant role in a child’s life but aren’t the child’s parents. | ||
* | |||
===Family law legislation=== | ===Family law legislation=== | ||
Revision as of 23:59, 26 April 2021
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Renée Aldana, South Coast Law Group in October 2018. |
Family law deals with the legal issues that come up when family relationships begin and end. Marriage, separation, divorce, parenting, support, dividing property, adoption, and family violence — all fall within this area of law. Learn the basics of family law.
| Alert!
This information has been updated to reflect changes to the Divorce Act that took effect on March 1, 2021. |
What you should know
Family law deals with family issues
Family law problems often come up when people who’ve been in a relationship separate. But family law problems can also come up for people who’ve never lived together or dated but have had a child together. They can also affect people who haven’t been in a relationship at all, like a grandparent who wants more time with their grandchild.
Family law applies to people in same-sex relationships the same way it does to people in opposite-sex relationships. There’s no legal difference between opposite-sex relationships and gay, lesbian, and other LGBTQ+ relationships.
This information provides an introduction to family law and the courts that deal with family law issues. It also explains some of the legal words and phrases used in family law.
Common family law problems
When a couple separates, they must make many decisions. For example:
- Does one person need financial help from the other? Can the other person afford to pay it? If so, how much can they afford to pay and for how long? This problem is about spousal support.
- Who will stay in the family home? Can everybody still live there or does someone need to move out? This problem is about the use of family property.
- How will property be divided? How will debts be shared? This problem is about property and debt division.
- If there are children, where will they live? How will decisions about their care be made? How will the parents share the children’s time? This problem is about parenting after separation.
- Does child support need to be paid? If so, which parent should pay child support and how much? This problem is about child support.
- After parents separate, can one parent move away to another town or province, with or without the children? This problem is about relocation.
Different rules for different relationships
Family law deals with all of these common family law problems and more. But not all family law problems are important to all families. It really depends on the type of relationship.
Family law is about four types of relationships:
- Married spouses. Married spouses are legally married and have to get divorced to end their legal relationship.
- Unmarried spouses. Unmarried spouses, also known as common-law partners, have lived together in a “marriage-like relationship” for at least two years. Except when it comes to property and debt division, the term also includes people who’ve lived together for less than two years but have had a child together. Unmarried spouses don’t need a divorce to end their legal relationship. It ends when they separate.
- Parents. Parents are people who have had a child together, regardless of the nature of their relationship with each other. Parents can be married spouses, unmarried spouses, in a dating relationship, or not in a relationship with each other at all. Parents can also have had a child by adoption or assisted reproduction. Or they might have helped a family to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother.
- Child’s caregivers. People who have a significant role in a child’s life but aren’t the child’s parents.
Family law legislation
Family law involves two different laws that apply depending on the type of relationship in play.
Divorce Act
As a federal law, the Divorce Act applies throughout Canada. The Divorce Act only applies to people who are married to each other or who used to be married to each other.
Family Law Act
The Family Law Act is a BC law that applies to married spouses, unmarried spouses, parents, and a child’s caregivers. Not all of the Family Law Act applies to all of these relationships.
- The parts that talk about child support and the care of the child apply to everyone.
- The parts that talk about spousal support apply only to married spouses and to unmarried spouses who claim spousal support within two years of the date they separate.
- The parts that talk about dividing property and debt only apply to married spouses and to unmarried spouses who have lived together in a marriage-like relationship for at least two years.
A comparison
This chart shows which law applies to whom and for what purpose:
| Married Spouses | Unmarried Spouses | Parents | Child's Caregivers | |
|---|---|---|---|---|
| Divorce | X | |||
| Custody (Divorce Act) | X | |||
| Access (Divorce Act) | X | |||
| Guardianship (Family Law Act) | X | X | X | X |
| Parental responsibilities and parenting time (Family Law Act) | X | X | X | X |
| Contact with a child (Family Law Act) | X | X | X | X |
| Child support (Divorce Act) | X | |||
| Child support (Family Law Act) | X | X | X | X |
| Spousal support (Divorce Act) | X | |||
| Spousal support (Family Law Act) | X | X | ||
| Property and debt (Family Law Act) | X | X | ||
| Protection orders (Family Law Act) | X | X | X | X |
Resolving family law issues
Family law issues can be resolved in ways that don’t involve going to court. Options include:
- Negotiation. Where the parties discuss the issues to try to reach an agreement.
- Mediation. Where the parties meet with a neutral person (a mediator), who helps them find a solution they agree on.
- Collaborative practice. A kind of negotiation where each party has their own lawyer and agree they will do everything possible to reach a settlement without going to court.
- Arbitration. Where the parties hire an arbitrator to act as their personal judge to make decisions about their dispute they will be bound by.
For more on alternatives to court, see our information on mediation and collaborative practice.
If parties can’t resolve their problems using these approaches, they may have to go to court to have a judge resolve their problems.
Going to court
There are two courts that deal with family law issues, Family Court and Supreme Court.
Family Court is a division of the BC Provincial Court. It doesn’t charge court filing fees and its rules and forms are simplified for people who use the court. Family Court can deal only with issues under the Family Law Act, such as guardianship, child care, child support, and spousal support. For more on this court, see our information on Family Court.
Supreme Court rules are more complicated and the court charges fees to file certain documents and schedule certain hearings. But Supreme Court can deal with issues under both the Divorce Act and the Family Law Act. So Supreme Court can deal with all the same issues as Family Court, plus divorce and the division of property and debt.
| Supreme Court | Family Court | |
|---|---|---|
| Family Law Act | X | X |
| Divorce Act | X | |
| Divorce | X | |
| Custody (Divorce Act) | X | |
| Guardianship (Family Law Act) | X | X |
| Access (Divorce Act) | X | X |
| Parental responsibilitis and parenting time (Family Law Act) | X | X |
| Contact with a child (Family Law Act) | X | X |
| Child support | X | X |
| Spousal support | X | X |
| Property and debt | X | |
| Protection orders | X | X |
Key words and phrases in family law
Here are definitions of some key words and phrases used in family law.
Separation is the breakdown of a romantic relationship. Separation usually means a couple have moved out and are living apart from each other, but it is possible to be separated while continuing to live under the same roof. See our information on separation and separation agreements and deciding who will move out.
Divorce is the legal end of a marriage by a court order. We explain the requirements for divorce.
Child is any person under the age of 19, the age of majority in British Columbia. It may include an adult child for the purposes of child support. The Divorce Act uses the term “child of the marriage.”
Parent is someone who is the birth parent of a child, the adopted parent of a child, a parent by assisted reproduction, or, in some cases, a donor of eggs or sperm and a surrogate mother.
Several terms are involved when talking of who the children should live with and how decisions about their care will be made. Under the Divorce Act, this is called custody. Under the Family Law Act, this is called parenting arrangements, which includes guardianship, parental responsibilities, and parenting time.
Guardianship is the right of a parent (or a person appointed by the court) to care for a child and have parental responsibilities. Parental responsibilities are decisions about the upbringing and care of a child made by the child’s guardians. Parenting time is a guardian’s time with a child, usually fixed by a schedule.
The time a person who is not a guardian has with a child is called contact under Family Law Act and access under the Divorce Act.
For more on these concepts involving care of the children, see our information on custody and access, guardianship, parenting arrangements, and contact.
Child support is money paid by one parent to the other for the financial support of their child. We explain child support.
Spousal support is money one spouse pays to the other to help with expenses. We explain spousal support.
Get help
Who can help
The wikibook JP Boyd on Family Law, hosted by Courthouse Libraries BC, provides comprehensive information on family law, including sample court forms and how-to information.
Legal Aid BC’s Family Law in BC website features self-help information for people in family disputes.
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