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Difference between revisions of "Newcomers to Canada and Family Law"
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Newcomers to Canada and Family Law (view source)
Revision as of 17:17, 4 July 2019
, 17:17, 4 July 2019→Use of the term “Common Law” or “Spouse”
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''Immigration and Refugee Protection Regulations'' use the term “Common-Law partner” and list the following definition: “common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)” | ''Immigration and Refugee Protection Regulations'' use the term “Common-Law partner” and list the following definition: “common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)” | ||
The ''Family Law Act'' in BC does not use the term “common law”. It defines as ‘Spouse’ under section 3(1) of the | The ''Family Law Act'' in BC does not use the term “common law”. It defines as ‘Spouse’ under section 3(1) of the act. The definition is exhaustive, so please refer to the Act for a full definition. The following is a snippet to illustrate the key difference: | ||
3 (1)A person is a spouse for the purposes of this | 3 (1)A person is a spouse for the purposes of this act if the person | ||
(a)is married to another person, or | (a)is married to another person, or | ||
