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{{Dial-A-Law TOC|expanded = family}} | {{Dial-A-Law TOC|expanded = family}} | ||
==What is family law?== | ==What is family law?== | ||
Family law | Family law deals with family issues. Most of the time, these issues involve couples that have been in a married or unmarried relationship and have now separated. Family issues can also involve people who have never been in a long-term relationship, like a couple who never dated but have a child together, and people who have never been in a romantic relationship at all, like a grandparent who would like to have time with or care for a grandchild. | ||
In BC, family law applies to people in same-sex relationships exactly as it does to people in opposite-sex relationships. There is no legal difference between heterosexual relationships and gay and lesbian relationships. | |||
This script | This script explains family law and the courts that deal with family law issues. It also defines some common legal words and phrases used in family law. | ||
==Common family law problems== | ==Common family law problems== | ||
When a couple separates they | When a couple separates they must make many decisions. For example: | ||
* Where will | *Where will their child live? How will decisions about their care be made? How will the parents share the child’s time? | ||
* | *Is the child entitled to ongoing financial support from a parent? If so, which parent should pay child support and what amount? | ||
* Does | *Does one spouse need financial support from the other spouse? Can the other spouse afford to pay it, and if so, how much and for how long? | ||
* Who will stay in the family home? Can everybody still live together, or does someone need to move out? | *Who will stay in the family home? Can everybody still live together, or does someone need to move out? | ||
* How will property divided? How will | *How will property be divided? How will debts be shared? | ||
==Different rules for different relationships== | ==Different rules for different relationships== | ||
Family law deals with all | Family law deals with all these decisions and more. But not all couples need to deal with all these issues. The decisions a couple must make and the law that applies change depending on the type of relationship the couple is in. Family law talks about four types of relationship: | ||
*'''Married Spouses''': Married couples are legally married and require a divorce to end their legal relationship. | |||
* '''Married Spouses | *'''Unmarried Spouses''': Unmarried spouses, also called common-law spouses, have lived together in a marriage-like relationship for at least 2 years for claims about property, or for less than 2 years if the couple has had a child together, for claims about spousal support. Unmarried spouses don’t require a divorce to end their legal relationship. Their relationship ends when they separate. | ||
* '''Unmarried Spouses | *'''Parents''': Parents have had a child together and can be married spouses, unmarried spouses, in a dating relationship or not in a relationship with each other at all. Parents can also be people who have had a child by adoption or assisted reproduction, or people who have helped a couple to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother. | ||
* '''Parents | *'''Child’s Caregivers''': People who have a significant role in a child’s life but aren’t the child’s parents. | ||
* '''Child’s Caregivers | |||
==Family law legislation== | ==Family law legislation== | ||
Family law involves two different laws that apply depending on the type of relationship: | Family law involves two different laws that apply depending on the type of relationship: | ||
*'''''[http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html Divorce Act]''''': this federal law applies throughout Canada. The ''Divorce Act'' applies only to people who are married to each other or who used to be married to each other. | |||
*'''''Divorce Act''''': | *'''''[http://www.bclaws.ca/civix/document/id/lc/statreg/11025_01 Family Law Act]''''': this BC law applies to married spouses, unmarried spouses, parents, and a child’s caregivers. Not all of the ''Family Law Act'' applies to all these relationships: | ||
*'''''Family Law Act''''': | **The parts that talk about child support and the care of the child apply to everyone. | ||
**The parts that talk about spousal support apply only to married spouses and to unmarried spouses who claim spousal support within 2 years of the date they separate. | |||
**The parts that talk about dividing property and debt apply only to married spouses and to unmarried spouses who have lived together in a marriage-like relationship for at least 2 years. | |||
This chart shows which law applies to whom and for what purpose: | This chart shows which law applies to whom and for what purpose: | ||
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|align="center"|Child Support (''Divorce Act'')||align="center"| √ ||align="center"| ||align="center"| ||align="center"| | |align="center"|Child Support (''Divorce Act'')||align="center"| √ ||align="center"| ||align="center"| ||align="center"| | ||
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|align="center"|Child Support (''Family Law Act'')||align="center"| √ ||align="center"| √ ||align="center"| √ ||align="center"| | |align="center"|Child Support (''Family Law Act'')||align="center"| √ ||align="center"| √ ||align="center"| √ ||align="center"|√ | ||
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|align="center"|Spousal Support (''Divorce Act'')||align="center"| √ ||align="center"| ||align="center"| ||align="center"| | |align="center"|Spousal Support (''Divorce Act'')||align="center"| √ ||align="center"| ||align="center"| ||align="center"| |
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