Unmarried Spouses - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-07T20:03:09Z

Clicklaw directory link edit

← Older revision		Revision as of 20:03, 7 August 2024
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	{{LSSbadge		{{LSSbadge
	\| resourcetype = a publication on ''Family Law Act'' basics titled		\| resourcetype = a publication on ''Family Law Act'' basics titled
	\| link = [~~http~~://~~clicklaw~~.bc.ca/~~resource~~/~~1058~~ Living Together or Living Apart]		\| link = [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]
	}}The provincial ''[[Family Law Act]]'' defines "spouse" as including both ''married people'' and ''unmarried people''. To qualify as "spouses" under the act, unmarried people must have lived together in a "marriage-like relationship" for at least two years, or for less than two years if they have had a child together. Because the federal ''[[Divorce Act]]'' only applies to married spouses, all of the rules that apply to unmarried relationships are in the ''Family Law Act''.		}}The provincial ''[[Family Law Act]]'' defines "spouse" as including both ''married people'' and ''unmarried people''. To qualify as "spouses" under the act, unmarried people must have lived together in a "marriage-like relationship" for at least two years, or for less than two years if they have had a child together. Because the federal ''[[Divorce Act]]'' only applies to married spouses, all of the rules that apply to unmarried relationships are in the ''Family Law Act''.

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	===Links===		===Links===

	* [https://~~clicklaw~~.bc.ca/~~resource/4646~~ Legal Aid BC's Family Law website's common questions on Finances & Support]		* [https://family.legalaid.bc.ca/finances-support Legal Aid BC's Family Law website's common questions on Finances & Support]
	** See "How is property divided when a common-law relationship ends?" under the heading "Common questions"		** See "How is property divided when a common-law relationship ends?" under the heading "Common questions"
	* [https://~~clicklaw~~.~~bc.ca~~/~~resource/2204~~ Canada Pension Plan Survivor's Pension]		* [https://bit.ly/3YD9iHm Canada Pension Plan Survivor's Pension]
	* [https://~~clicklaw~~.bc.ca/~~resource~~/~~4648~~ Aid BC's Family Law website's information page "Going through separation"]		* [https://family.legalaid.bc.ca/separation-divorce/going-through-separation Legal Aid BC's Family Law website's information page "Going through separation"]
	** See "Proving you're separated if you and your spouse still live together"		** See "Proving you're separated if you and your spouse still live together"
	* [https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1251~~ When Your Common-Law Spouse Dies] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/when-your-common-law-spouse-dies/ When Your Common-Law Spouse Dies] from Dial-a-Law by the People's Law School
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~1259~~ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/marriage-agreements/ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School

	===Resources===		===Resources===

	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1058~~ "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC		* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC

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2024-01-11T22:30:37Z

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Nate Russell at 23:25, 31 July 2019

2019-07-31T23:25:08Z

← Older revision		Revision as of 23:25, 31 July 2019
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	===Links===		===Links===

	* [http://clicklaw.bc.ca/resource/~~1639~~ Legal Services Society's Family Law website~~: Property issues and~~ common-law ~~relationships]~~		* [http://clicklaw.bc.ca/resource/4646 Legal Services Society's Family Law website's common questions on Finances & Support]
			** See "How is property divided when a common-law relationship ends? Our house has both our names on the deed. If one person paid all of the down payment, how should the house value be split?
			" under the heading "Common questions"
	* [http://clicklaw.bc.ca/resource/2204 Canada Pension Plan Survivor's Pension]		* [http://clicklaw.bc.ca/resource/2204 Canada Pension Plan Survivor's Pension]
	* [http://clicklaw.bc.ca/resource/~~2291~~ Legal Services Society's Family Law website: Proving you're separated if you and your spouse still live together]		* [http://clicklaw.bc.ca/resource/4648 Legal Services Society's Family Law website's information page "Going through separation"]
			** See "Proving you're separated if you and your spouse still live together"

Nate Russell: /* Canada Pension Plan */

2019-07-22T16:50:26Z

Canada Pension Plan

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	===Canada Pension Plan===		===Canada Pension Plan===

	Unmarried spouses may share in each other's accumulated CPP credits, however this sharing is not automatic. You must apply to equalize your CPP credits with your spouse's CPP credits. That application must be made within 48 months of the date of separation unless both parties consent in writing.		Unmarried spouses may share in each other's accumulated CPP credits, however this sharing is not automatic. You must apply to equalize your CPP credits with your spouse's CPP credits. That application must be made within 48 months of the date of separation unless both parties consent in writing to waive the 48-month time limit.

	There may be positive income tax consequences if you elect to share a CPP pension that is being paid out. You will be eligible to share your pension if you have been living together as a couple for at least one year and you are both at least 60 years old.		There may be positive income tax consequences if you elect to share a CPP pension that is being paid out. You will be eligible to share your pension if you have been living together as a couple for at least one year and you are both at least 60 years old.

Nate Russell at 16:46, 22 July 2019

2019-07-22T16:46:55Z

← Older revision		Revision as of 16:46, 22 July 2019
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	* ''[[Family Law Act]]''		* ''[[Family Law Act]]''
			* [http://canlii.ca/t/8rdx Family Law Act Regulation]
	* ''[[Divorce Act]]''		* ''[[Divorce Act]]''
	* ''[http://canlii.ca/t/7vb7 Income Tax Act]''		* ''[http://canlii.ca/t/7vb7 Income Tax Act]''

Nate Russell at 16:44, 22 July 2019

2019-07-22T16:44:23Z

← Older revision		Revision as of 16:44, 22 July 2019
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	<blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote>

	Here's the definition from s. 3 of the ''Family Law Act'':		Here's the definition from section 3 of the ''Family Law Act'':

	<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>		<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>
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	Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute.		Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute.

	There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're not married but you're a "spouse," it's because of s. 3 of the ''[[Family Law Act]]''.		There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're not married but you're a "spouse," it's because of section 3 of the ''[[Family Law Act]]''.

	==Qualifying as an unmarried spouse==		==Qualifying as an unmarried spouse==
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	====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 suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional" or "a prescribed process." 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.		Under section 198(5) of the ''[[Family Law Act]]'', the running of the time limits "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional" or "a prescribed process." 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 section 1 of the act as including:

	*the services of a family justice counsellor,		*the services of a family justice counsellor,
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	*arbitration.		*arbitration.

	You'll notice that negotiation isn't on this list. As well, under the [http://canlii.ca/t/8rdx Family Law Act Regulation], a process of mediation and arbitration requires the execution of a mediation agreement or an arbitration agreement to count as mediation or arbitration under s. 1.		You'll notice that negotiation isn't on this list. As well, under the [http://canlii.ca/t/8rdx Family Law Act Regulation], a process of mediation and arbitration requires the execution of a mediation agreement or an arbitration agreement to count as mediation or arbitration under section 1.

	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 section 1 of the act as including:

	*family justice counsellors,		*family justice counsellors,

Corinne Shortridge: /* Links */

2019-07-02T17:09:45Z

Links

← Older revision		Revision as of 17:09, 2 July 2019
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	===Links===		===Links===

	* [http://clicklaw.bc.ca/resource/1639 Legal Services Society's Family Law ~~Website~~: Property issues and common-law relationships]		* [http://clicklaw.bc.ca/resource/1639 Legal Services Society's Family Law website: Property issues and common-law relationships]
	* [http://clicklaw.bc.ca/resource/2204 Canada Pension Plan Survivor's Pension]		* [http://clicklaw.bc.ca/resource/2204 Canada Pension Plan Survivor's Pension]
	* [http://clicklaw.bc.ca/resource/2291 Legal Services Society's Family Law ~~Website~~: Proving you're separated if you and your spouse still live together]		* [http://clicklaw.bc.ca/resource/2291 Legal Services Society's Family Law website: Proving you're separated if you and your spouse still live together]

Corinne Shortridge: /* Rights and responsibilities of unmarried spouses */

2019-07-02T17:08:45Z

Rights and responsibilities of unmarried spouses

← Older revision		Revision as of 17:08, 2 July 2019
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	An unmarried couple who have lived together for at least two years can also ask for an order about the division of property and debt. The rules that apply to an unmarried spouse's claim for the division of property and debt are exactly the same as those that apply to married spouses.		An unmarried couple who have lived together for at least two years can also ask for an order about the division of property and debt. The rules that apply to an unmarried spouse's claim for the division of property and debt are exactly the same as those that apply to married spouses.

	If an unmarried couple has had a child together, they are parents who are entitled, just because they are parents, to ask for orders about the care of the child and for child support. The rules that apply to determine guardianship, the distribution of parenting arrangements and contact are exactly the same as they are for any other parents, including parents who are married.		If an unmarried couple has had a child together, they are parents who are entitled, just because they are parents, to ask for orders about the care of the child and for child support. The rules that apply to determine guardianship, the distribution of parenting arrangements, and contact are exactly the same as they are for any other parents, including parents who are married.

	==Government benefits==		==Government benefits==

Corinne Shortridge: /* Time limits */

2019-07-02T17:08:28Z

Time limits

← Older revision		Revision as of 17:08, 2 July 2019
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	===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. Child support is mostly about being a parent not being a spouse.		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. Child support is mostly about being a parent, not being a spouse.

	However, there are three important things you need to know about claims for spousal support and claims for child support against stepparents:		However, there are three important things you need to know about claims for spousal support and claims for child support against stepparents:
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	*arbitrators who meet the training requirements set out in the Family Law Act Regulation.		*arbitrators who meet the training requirements set out in the Family Law Act Regulation.

	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 that was started but never followed-through with.		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.