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Unmarried Spouses

963 bytes removed, 18:32, 27 February 2020
→‎Time limits
(There are no time limits for claims about parenting children and the payment of child support in section 198. However, for claims about parenting, the child must be under the age of 19, and for claims about child support, the child must still be qualified to benefit from the payment support. See the [[Child Support]] chapter for more information.)
 
The date of separation is the date when one or both spouses realize that their relationship is over, says so, and ends the "marriage-like" quality of the relationship. As a result, the "marriage-like" quality of a relationship can terminate before a couple physically separates, and the time limits will usually begin to run from that date rather than the date someone moves out.
However, the two-year time limit is ''suspended'' — it stops running — while you are working with a qualified "family dispute resolution professional" in one of the "family dispute resolution" processes the ''Family Law Act'' names. Under section 1 of the act, "family dispute resolution professional" includes:
Second, the "family dispute resolution professional" you're working with needs to be a ''qualified'' family dispute resolution professional. If your family dispute resolution professional doesn't meet the requirements, the time limit won't be suspended. Those requirements are set out in sections 4, 5 and 6 of the [http://canlii.ca/t/8rdx Family Law Act Regulation]. It is really important that you ask the family dispute resolution professional you are working with whether they meet the requirements of the Family Law Act Regulation! However, if your family dispute resolution professional is a lawyer, you can easily check their status through the Law Society of British Columbia's [https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm lawyer directory]. The directory
An unmarried spouse who has a child can face a claim for child support until the child reaches the age of 19, and possibly longer. Child support is mostly about being a parent, not being a spouse.
 
However, there are three important things you need to know about claims for spousal support and claims for child support against stepparents:
 
*A claim for child support against a spouse who is a stepparent must be brought within ''one year'' of the stepparent's last contribution to the support of the child, and cannot be brought until ''after the spouses have separated''.
*An unmarried spouse must bring a claim for spousal support within ''two years'' of the date of separation.
*An unmarried spouse must bring a claim for the division of property and debt within ''two years'' of the date of separation.
 
''Bringing a claim'' means starting a court proceeding asking for a particular order, not the date when the first application is made in that proceeding.
 
The date of separation is the date when one or both spouses realize that their relationship is over, says so, and ends the "marriage-like" quality of the relationship. As a result, the "marriage-like" quality of a relationship can terminate before a couple physically separates, and the time limits will usually begin to run from that date rather than the date someone moves out.
===Effect of dispute resolution processes===
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