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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
The most important statutes in family law and divorce law are | The most important statutes in family law and divorce law are British Columbia's ''[[Family Law Act]]'' and the federal ''[[Divorce Act]]''. There is also a very important federal regulation, the [[Child Support Guidelines]], and an important academic paper, the [[Spousal Support Advisory Guidelines]]. You may also run into other provincial and federal laws, like the ''[http://canlii.ca/t/8481 Name Act]'', the ''[http://canlii.ca/t/848q Partition of Property Act]'' or the ''[http://canlii.ca/t/7vfd Canada Pension Plan]'', which weren't written just for family law disputes but still relate to your situation. There are also some international treaties that might apply, most commonly the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on child abduction] and the [http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx UN Convention on the Rights of the Child]. | ||
This section describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation and treaties touching on family law issues. | |||
This section describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation touching on family law issues. | |||
==Two important statutes, one important regulation and one influential paper== | ==Two important statutes, one important regulation and one influential paper== | ||
The ''[[Divorce Act]]'', the ''[[Family Law Act]]'' and the [[Child Support Guidelines]] are central to family law in British Columbia. While some of the subjects covered by the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' overlap, there are significant distinctions between the two laws that you need to be aware of | The ''[[Divorce Act]]'', the provincial ''[[Family Law Act]]'' and the federal [[Child Support Guidelines]] are central to family law in British Columbia. While some of the subjects covered by the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' overlap, there are significant distinctions between the two laws that you need to be aware of. | ||
Only the ''[[Divorce Act]]'' deals with divorce. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts. Both acts deal with the care of children, children's parenting schedules, child support, and spousal support. | Only the ''[[Divorce Act]]'' deals with divorce. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts. Both acts deal with the care of children, children's parenting schedules, child support, and spousal support. Both laws use the [[Child Support Guidelines]] to calculate child support and the payment of children's special expenses. | ||
One of the most important distinctions between | One of the most important distinctions between the two laws, as <span class="noglossary">will</span> be seen below, lies in how they define important terms like ''spouse'', ''parent'' and ''child''. Depending on the particular law you're dealing with, you may fall inside these definitions or outside of them, and that can have an important impact on your family law problem and the options available to you. | ||
===The ''Divorce Act''=== | ===The ''Divorce Act''=== | ||
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===The Child Support Guidelines=== | ===The Child Support Guidelines=== | ||
The [[Child Support Guidelines]], often referred to as just the ''Guidelines'', is a federal regulation that standardizes child support orders throughout Canada except Quebec. The Guidelines talk about how income is calculated and special expenses are shared between parents, and provide a series of tables, one for each province and territory, which set out how much child support should be paid based on the payor's income and the number of children support is being paid for. | The [[Child Support Guidelines]], often referred to as just the ''Guidelines'', is a federal regulation that standardizes child support orders throughout Canada, except in Quebec. The Guidelines talk about how income is calculated and how children's special expenses are shared between parents, and provide a series of tables, one for each province and territory, which set out how much child support should be paid based on the payor's income and the number of children support is being paid for. | ||
The [[Child Support Guidelines]] apply to child support orders made under both the ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Because they are mandatory whenever child support is being paid, the [[Child Support Guidelines]] also apply to agreements about child support. | The [[Child Support Guidelines]] apply to child support orders made under both the ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Because they are mandatory whenever child support is being paid, the [[Child Support Guidelines]] also apply to agreements about child support. | ||
The Guidelines, and the exceptions to the Guidelines tables, are discussed in a lot more detail in the chapter [[Child Support]]. | The Guidelines, and the exceptions to the Guidelines tables, are discussed in a lot more detail in the chapter [[Child Support]]. | ||
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Although the Advisory Guidelines is not a law, the courts of British Columbia and many other provinces routinely rely on the Advisory Guidelines formulas when making decisions about spousal support. The Advisory Guidelines cannot be ignored if you have a problem involving the payment of spousal support. | Although the Advisory Guidelines is not a law, the courts of British Columbia and many other provinces routinely rely on the Advisory Guidelines formulas when making decisions about spousal support. The Advisory Guidelines cannot be ignored if you have a problem involving the payment of spousal support. | ||
The Advisory Guidelines formulas, and the way the courts have dealt with the Advisory Guidelines, are discussed in more detail in the chapter [[Spousal Support]] | The Advisory Guidelines formulas, and the way the courts have dealt with the Advisory Guidelines, are discussed in more detail in the chapter [[Spousal Support]] in the section [[The Spousal Support Advisory Guidelines]]. | ||
==Other legislation related to family law issues== | ==Other legislation related to family law issues== | ||
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The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of married spouses and unmarried spouses to their interest in the family home by allowing them to file an entry on the title of the property, but the protection ends once the spousal relationship ends. | The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of married spouses and unmarried spouses to their interest in the family home by allowing them to file an entry on the title of the property, but the protection ends once the spousal relationship ends. | ||
The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on the title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner. | The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of the ownership and transfer of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on the title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner. | ||
===Wills and estates=== | ===Wills and estates=== | ||
The provincial ''[http://canlii.ca/t/8mhj Wills, Estates and Succession Act]'' deals with wills, changing wills, how close relatives can challenge a will, and what happens when someone dies without a will. | |||
===Names and change of name=== | ===Names and change of name=== | ||
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{{REVIEWED | reviewer = [[JP Boyd]], | {{REVIEWED | reviewer = [[JP Boyd]], August 8, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} |