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Difference between revisions of "Learning about Family Law"
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{{Law-Related ESL Badge | {{Law-Related ESL Badge | ||
|lessonname= Marriage Separation and Divorce Lesson Module}}{{Learning about the Law Wikibook TOC}} | |lessonname= Marriage Separation and Divorce Lesson Module}}{{Learning about the Law Wikibook TOC}} | ||
Family law is the area of law that deals with marriage, | Family law is the area of law that deals with relationships, marriage, and children. | ||
*''[[Family Law Act]]'': This | |||
*''[[Divorce Act]]'': This | ==Family relationships== | ||
===The laws in play=== | |||
There are two main laws dealing with family law. They are the: | |||
*''[[Family Law Act]]'': This BC law applies to all couples (married and unmarried). | |||
*''[[Divorce Act]]'': This federal law applies to married couples only (or those who used to be married). | |||
These laws (and others) apply in the same way to people in opposite-sex and same-sex relationships. | |||
===Family law and Indigenous Peoples=== | |||
For many family law matters, the same laws apply to everyone. For example, there are no distinct laws for Indigenous Peoples about getting married. | |||
There are some situations where a person’s Indigenous identity and heritage are considered. For example, a court will consider an Indigenous child's upbringing, culture and heritage in deciding what parenting arrangements are in the child’s best interests. | |||
A few laws about family matters are different for Indigenous Peoples. For example, when a couple separates, if one of them lives on a First Nation reserve, certain other laws apply. Legal Aid BC explains the [https://family.legalaid.bc.ca/aboriginal-people/are-there-any-different-family-laws-aboriginal-people family laws that apply to Indigenous Peoples]. | |||
===Getting married=== | |||
To get married in British Columbia, someone has to be unmarried and age 19 or older. (Young people between 16 and 19 can marry with the consent of their parents or '''guardians'''.) They also have to understand the nature of the marriage ceremony. | |||
Someone doesn't have to be a resident of BC to get married here. But they do need a marriage licence. They need to apply for it some time in the three months before their wedding date. | |||
A valid marriage lasts until one partner dies or until the marriage is legally ended by a '''divorce'''. | |||
===Marriage and marriage-like relationships=== | |||
When someone is married, the law says they are a '''spouse'''. As a spouse, they have legal rights and responsibilities about caring for each other and their children. | |||
Someone is also considered a spouse under the law in two other situations: | |||
* If they’ve lived together in a '''marriage-like relationship for two years or more'''. | |||
* If they’ve lived together in a '''marriage-like relationship and have a child together'''. | |||
Many people call a marriage-like relationship a “common-law” relationship. This type of relationship ends when a couple begins to live apart. | |||
==Rights and responsibilities== | ==Rights and responsibilities== | ||
