2,443
edits
Difference between revisions of "Unmarried Spouses"
From Clicklaw Wikibooks
m
→Time limits
Gayla Reid (talk | contribs) |
Gayla Reid (talk | contribs) m (→Time limits) |
||
| Line 106: | Line 106: | ||
===Time limits=== | ===Time limits=== | ||
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. | |||
In addition, 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 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''. | *A claim for child support against a spouse who is 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''. | ||
| Line 119: | Line 120: | ||
====Effect of dispute resolution processes==== | ====Effect of dispute resolution processes==== | ||
Under s. 198(5) of the ''Family Law Act'', the running of the time limits is "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional." The purpose of this provision is to allow people to engage in dispute resolution without having to feel pressured into starting a court proceeding to stop a time limit from running out. However, this provision isn't | Under s. 198(5) of the ''Family Law Act'', the running of the time limits is "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional." The purpose of this provision is to allow people to engage in dispute resolution without having to feel pressured into starting a court proceeding to stop a time limit from running out. However, this provision isn't as straightforward as it looks. | ||
First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in s. 1 of the act as including: | First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in s. 1 of the act as including: | ||
*the services of a | *the services of a family justice counsellor, | ||
*mediation, | *mediation, | ||
*collaborative settlement processes, and | *collaborative settlement processes, and | ||
| Line 132: | Line 133: | ||
Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in s. 1 of the act as including: | Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in s. 1 of the act as including: | ||
*Family | *Family justice counsellors, | ||
*lawyers, | *lawyers, | ||
*mediators who meet the training requirements set out in the Family Law Act Regulation, and | *mediators who meet the training requirements set out in the Family Law Act Regulation, and | ||
| Line 139: | Line 140: | ||
In other words, being engaged in a family dispute resolution process with someone like a community leader, an elder, a senior family member, a priest, an imam or a rabbi won't cut it unless the person also happens to fit into the definition of family dispute resolution professional. | In other words, being engaged in a family dispute resolution process with someone like a community leader, an elder, a senior family member, a priest, an imam or a rabbi won't cut it unless the person also happens to fit into the definition of family dispute resolution professional. | ||
Third, the parties must be ''engaged'' in the family dispute resolution process. That implies a process that is continuing and underway, rather than one | Third, the parties must be ''engaged'' in the family dispute resolution process. That implies a process that is continuing and underway, rather than one that was started but never followed-through with. | ||
====Effect of attempts to reconcile==== | ====Effect of attempts to reconcile==== | ||
The ''Divorce Act'' talks about how the one year period a married couple must wait in order to get divorced on the basis of separation is not interrupted if the parties live together in an attempt to reconcile for less than ninety days. Similar language is used in the ''Family Law Act'' for the purpose of determining the date when a couple stops accumulating family property. Neither of these provisions apply to the two year time limit for bringing claims under the ''Family Law Act''. | The ''Divorce Act'' talks about how the one-year period a married couple must wait in order to get divorced on the basis of separation is not interrupted if the parties live together in an attempt to reconcile for less than ninety days. Similar language is used in the ''Family Law Act'' for the purpose of determining the date when a couple stops accumulating family property. Neither of these provisions apply to the two-year time limit for bringing claims under the ''Family Law Act''. | ||
==Rights and responsibilities of unmarried spouses== | ==Rights and responsibilities of unmarried spouses== | ||
