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Difference between revisions of "Introduction to Family Law in British Columbia"
From Clicklaw Wikibooks
Introduction to Family Law in British Columbia (view source)
Revision as of 14:10, 12 May 2013
, 14:10, 12 May 2013→Information for people who are new to Canada
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In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married spouses or unmarried spouses. | In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married spouses or unmarried spouses. | ||
Our courts are open to everybody who lives in Canada, not only to people who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they | Our courts are open to everybody who lives in Canada, not only to people who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they have permanent residency or not. | ||
There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, he or she can, and that person does not need the permission or agreement of the other spouse to leave. | There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, he or she can, and that person does not need the permission or agreement of the other spouse to leave. | ||
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In Canada, there is no requirement for either dowry or dower to be paid when a couple marries or divorces. Even if a religion requires such a payment, the religious duty is not legally binding in Canada. | In Canada, there is no requirement for either dowry or dower to be paid when a couple marries or divorces. Even if a religion requires such a payment, the religious duty is not legally binding in Canada. | ||
If | If an arranged marriage is proposed, the parties must agree to the marriage of their own free <span class="noglossary">will</span>. There is no law that allows someone to be forced to marry someone else. An agreement between relatives about a marriage is not legally binding on the people who are supposed to get married. | ||
When one spouse sponsors another spouse to come to Canada, that person <span class="noglossary">will</span> usually sign a "sponsorship agreement" with the government. This agreement requires the sponsor to support the person who is coming to Canada, whether they stay married | When one spouse sponsors another spouse to come to Canada, that person <span class="noglossary">will</span> usually sign a "sponsorship agreement" with the government. This agreement requires the sponsor to support the person who is coming to Canada, whether they stay married, separate or divorce. This agreement is only between the sponsor and the government. If the person coming to Canada needs spousal support, for example, he or she can ask the court for an order that spousal support be paid. | ||
Separation does not automatically mean that someone new to Canada <span class="noglossary">will</span> have to leave the country. People who are permanent residents, for example, <span class="noglossary">will</span> be allowed to stay, regardless of what is happening in their relationship with their sponsors. You should, however, speak to an immigration lawyer just to be sure. | Separation does not automatically mean that someone new to Canada <span class="noglossary">will</span> have to leave the country. People who are permanent residents, for example, <span class="noglossary">will</span> usually be allowed to stay, regardless of what is happening in their relationship with their sponsors. You should, however, speak to an immigration lawyer just to be sure. | ||
In Canada you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada as divorces that legally end a marriage. The decisions of religious tribunals about how a separated couple <span class="noglossary">will</span> share their property or manage the care and control of their children may not be recognized in British Columbia. | In Canada you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada as divorces that legally end a marriage. The decisions of religious tribunals about how a separated couple <span class="noglossary">will</span> share their property or manage the care and control of their children may not be recognized in British Columbia. | ||
