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Difference between revisions of "Newcomers to Canada and Family Law"
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Newcomers to Canada and Family Law (view source)
Revision as of 17:21, 4 July 2019
, 17:21, 4 July 2019→Use of the term “Common Law” or “Spouse”
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The ''Family Law Act'' in BC does not use the term “common law.” It defines ‘Spouse’ under section 3(1) of the act. The definition is exhaustive, so please refer to the Act for a full definition. The following is a snippet to illustrate the key difference: | The ''Family Law Act'' in BC does not use the term “common law.” It defines ‘Spouse’ under section 3(1) of the act. The definition is exhaustive, so please refer to the Act for a full definition. The following is a snippet to illustrate the key difference: | ||
3 | 3(1)A person is a spouse for the purposes of this act if the person | ||
(a)is married to another person, or | (a) is married to another person, or | ||
(b)has lived with another person in a marriage-like relationship, and | (b) has lived with another person in a marriage-like relationship, and | ||
(i)has done so for a continuous period of at least 2 years, or | (i) has done so for a continuous period of at least 2 years, or | ||
(ii)except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person. | (ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person. | ||
This means that just because you qualify as a common law spouse for the purpose of immigration, does not mean that you will qualify as a spouse for the | This means that just because you qualify as a common law spouse for the purpose of immigration, does not mean that you will qualify as a spouse for the purposes of ''Family Law Act''. | ||
===Best Interest of the Child=== | ===Best Interest of the Child=== | ||