Difference between revisions of "Family Relationships"

Jump to navigation Jump to search
Line 44: Line 44:
If one or more of the requirements of a valid marriage are lacking, a marriage may be cancelled, or ''annulled''. To obtain an annulment, one of the parties must begin a court proceeding asking for an application for a declaration that the marriage is void. A marriage may be annulled if:
If one or more of the requirements of a valid marriage are lacking, a marriage may be cancelled, or ''annulled''. To obtain an annulment, one of the parties must begin a court proceeding asking for an application for a declaration that the marriage is void. A marriage may be annulled if:


#a female spouse was under the age of twelve or a male spouse was under the age of fourteen (the common law ages of puberty);
*a female spouse was under the age of twelve or a male spouse was under the age of fourteen (the common law ages of puberty);
#one or both of the spouses did not consent to the marriage;
*one or both of the spouses did not consent to the marriage;
#a male spouse is impotent or a female spouse is sterile going into the marriage;
*a male spouse is impotent or a female spouse is sterile going into the marriage;
#the marriage cannot be consummated;
*the marriage cannot be consummated;
#the marriage was a sham; or,
*the marriage was a sham; or,
#one or both of the spouses agreed to marry as a result of fraud or misrepresentation.
*one or both of the spouses agreed to marry as a result of fraud or misrepresentation.


More information about void marriages, voidable marriages and annulment is available in the next page, _______ .
More information about void marriages, voidable marriages and annulment is available in the section on [[Married Spouses]] .


====Separation====
====Separation====
Line 63: Line 63:
Divorce is the legal termination of a valid marriage. To obtain a divorce, one or both spouses must begin a court proceeding asking for a divorce order, and at least one of the spouses must have been ''ordinarily resident'' in British Columbia for the year before starting the court proceedings.  
Divorce is the legal termination of a valid marriage. To obtain a divorce, one or both spouses must begin a court proceeding asking for a divorce order, and at least one of the spouses must have been ''ordinarily resident'' in British Columbia for the year before starting the court proceedings.  


The court will make a divorce order if the married relationship has broken down. Under the federal ''Divorce Act'', there are three ways to prove marriage breakdown:
The court will make a divorce order if the married relationship has broken down. Under the federal ''[[Divorce Act]]'', there are three ways to prove marriage breakdown:


#the spouses have been separated for at least one year;
#the spouses have been separated for at least one year;
Line 86: Line 86:
The relationship between unmarried spouses begins on the date they begin to live together in a "marriage-like relationship". This might be the date that a couple who are dating moves in together, or it might be the date that a relationship between housemates becomes a romantic, committed relationship.
The relationship between unmarried spouses begins on the date they begin to live together in a "marriage-like relationship". This might be the date that a couple who are dating moves in together, or it might be the date that a relationship between housemates becomes a romantic, committed relationship.


The _______ page talks about when a relationship becomes "marriage-like" in nature.
The section on [[Unmarried Spouses]] talks about when a relationship becomes "marriage-like" in nature.


====Separation====
====Separation====


Unmarried spouses are separated when they begin to leave "separate and apart" from each other, whether under the same roof or in separate homes. Contrary to popular opinion, you do not need to see a lawyer, sign something or file some sort of document in court to obtain a separation. You just need to call it quits and tell your spouse that it's over.
Unmarried spouses are separated when they begin to live "separate and apart" from each other, whether under the same roof or in separate homes. Contrary to popular opinion, you do not need to see a lawyer, sign something or file some sort of document in court to obtain a separation. You just need to call it quits and tell your spouse that it's over.


For unmarried spouses, separation is the end of their emotional and legal relationship with each other. Unmarried spouses do not need to get divorced.
For unmarried spouses, separation is the end of their emotional and legal relationship with each other. Unmarried spouses do not need to get divorced.
Line 106: Line 106:
When one or two people need the help of others to have a child, some additional rules apply:
When one or two people need the help of others to have a child, some additional rules apply:


#the one or two people who want to have the child, the ''intended parents'', are parents;
*the one or two people who want to have the child, the ''intended parents'', are parents;
#the donor of sperm or an egg ''is not a parent'', unless everyone has signed an assisted reproduction that makes the donor a parent; and,
*the donor of sperm or an egg ''is not a parent'', unless everyone has signed an assisted reproduction that makes the donor a parent; and,
#a surrogate mother ''is a parent'', unless everyone has signed an assisted reproduction that makes her not a parent.
*a surrogate mother ''is a parent'', unless everyone has signed an assisted reproduction that makes her not a parent.


If you do the math, you'll see that under the ''Family Law Act'' a child can have up to five parents, and the act doesn't discriminate between parents who are intended parents and parents who are donors or surrogate mothers. In for a penny in for a pound, as the saying goes; a parent under an assisted reproduction agreement is liable to pay child support just like every other parent, but is also presumed to be the guardian of a child under s. 39(3).
If you do the math, you'll see that under the ''Family Law Act'' a child can have up to five parents, and the act doesn't discriminate between parents who are intended parents and parents who are donors or surrogate mothers. In for a penny in for a pound, as the saying goes; a parent under an assisted reproduction agreement is liable to pay child support just like every other parent, but is also presumed to be the guardian of a child under s. 39(3).
Line 128: Line 128:
Married spouses and unmarried spouses who have lived together for at least two years have exactly the same rights in British Columbia under the provincial ''Family Law Act''. Both may:
Married spouses and unmarried spouses who have lived together for at least two years have exactly the same rights in British Columbia under the provincial ''Family Law Act''. Both may:


#be the ''guardians'' of any children they happen to have, and as guardians have parental responsibilities and parenting time with respect to those children;
*be the ''guardians'' of any children they happen to have, and as guardians have parental responsibilities and parenting time with respect to those children;
#have ''contact'' with a child if they happen not to be guardians;
*have ''contact'' with a child if they happen not to be guardians;
#ask for or be responsible to pay ''child support'';
*ask for or be responsible to pay ''child support'';
#ask for or be responsible to pay ''spousal support'';  
*ask for or be responsible to pay ''spousal support'';  
#share in ''family property'' and any ''family debt''; and,
*share in ''family property'' and any ''family debt''; and,
#apply for ''protection orders'' if they feel they are at risk of family violence.
*apply for ''protection orders'' if they feel they are at risk of family violence.


The only legal differences between married spouses and unmarried spouses who have lived together for at least two years are that only married spouses must get a ''divorce'' to end their relationship with one another and only married spouses can ask the court for orders under the federal ''Divorce Act''. That's it.
The only legal differences between married spouses and unmarried spouses who have lived together for at least two years are that only married spouses must get a ''divorce'' to end their relationship with one another and only married spouses can ask the court for orders under the federal ''Divorce Act''. That's it.
Line 139: Line 139:
The only legal difference between unmarried spouses who have lived together for at least two years and unmarried spouses who have lived together for less than two years is that couples who have lived together for less than two years aren't able to share in family property and family debt under the ''Family Law Act''. They may:
The only legal difference between unmarried spouses who have lived together for at least two years and unmarried spouses who have lived together for less than two years is that couples who have lived together for less than two years aren't able to share in family property and family debt under the ''Family Law Act''. They may:


#be the ''guardians'' of their children, and as guardians have parental responsibilities and parenting time with respect to those children,
*be the ''guardians'' of their children, and as guardians have parental responsibilities and parenting time with respect to those children,
#have ''contact'' with a child if they happen not to be guardians,
*have ''contact'' with a child if they happen not to be guardians,
#ask for or be responsible to pay ''child support'',
*ask for or be responsible to pay ''child support'',
#ask for or be responsible to pay ''spousal support'', and
*ask for or be responsible to pay ''spousal support'', and
#apply for ''protection orders'' if they feel they are at risk of family violence.
*apply for ''protection orders'' if they feel they are at risk of family violence.


Although unmarried spouses who have lived together for less than two years are cut out of the part of the act that deals with property and debt, they still share in property they jointly own and they can make claims to property owned only by one spouse under the law of trusts and the law of equity.
Although unmarried spouses who have lived together for less than two years are cut out of the part of the act that deals with property and debt, they still share in property they jointly own and they can make claims to property owned only by one spouse under the law of trusts and the law of equity.
Line 151: Line 151:
Although people who are not spouses can have all sorts of legal relationships with each other, from co-owning land or running a business together, from a family law perspective, in general their most important relationship is as parents. Parents may:
Although people who are not spouses can have all sorts of legal relationships with each other, from co-owning land or running a business together, from a family law perspective, in general their most important relationship is as parents. Parents may:


#be the ''guardians'' of their children, and as guardians have parental responsibilities and parenting time with respect to those children;
*be the ''guardians'' of their children, and as guardians have parental responsibilities and parenting time with respect to those children;
#have ''contact'' with a child;
*have ''contact'' with a child;
#ask for or be responsible to pay ''child support''; and,
*ask for or be responsible to pay ''child support''; and,
#apply for ''protection orders'' if they feel they are at risk of family violence.
*apply for ''protection orders'' if they feel they are at risk of family violence.


Like unmarried spouses who have lived together for less than two years, couples who are not spouses still share in property they jointly own and they can make claims to property owned only by one spouse under the law of trusts and the law of equity.
Like unmarried spouses who have lived together for less than two years, couples who are not spouses still share in property they jointly own and they can make claims to property owned only by one spouse under the law of trusts and the law of equity.
Line 164: Line 164:
Adults with an interest in a child who is not theirs may
Adults with an interest in a child who is not theirs may


#ask to be appointed as the ''guardian'' of a child, and as a guardian have parental responsibilities and parenting time with respect to that child;
*ask to be appointed as the ''guardian'' of a child, and as a guardian have parental responsibilities and parenting time with respect to that child;
#have ''contact'' with a child; and,
*have ''contact'' with a child; and,
#ask for ''child support''.
*ask for ''child support''.


==A few surprisingly common misunderstandings==
==A few surprisingly common misunderstandings==
Line 180: Line 180:
You are not legally married unless you have a marriage ceremony and the ceremony is conducted by someone authorized by the provincial government to perform marriages. Your car mechanic can marry you, if your car mechanic is a marriage commissioner, but your Wiccan high priestess cannot legally marry you unless she also happens to be a licenced marriage commissioner.
You are not legally married unless you have a marriage ceremony and the ceremony is conducted by someone authorized by the provincial government to perform marriages. Your car mechanic can marry you, if your car mechanic is a marriage commissioner, but your Wiccan high priestess cannot legally marry you unless she also happens to be a licenced marriage commissioner.


Las Vegas marriages and other sorts of quickie marriages are valid and binding marriages, as long as the marriages meet the criteria for valid marriages, discussed in the next page. If you want to undo the marriage, you'll have to get divorced just like every other valid marriage, and that will usually mean waiting until one year has passed since your separation. An alcohol-induced Las Vegas marriage was upheld in the very funny 2005 Supreme Court case of ''Davison v. Sweeney'', simply because the spouses knew what they were doing when they married, despite the fact that they had never had sex and separated two days after the marriage, when their respective holidays ended.
Las Vegas marriages and other sorts of quickie marriages are valid and binding marriages, as long as the marriages meet the criteria for valid marriages, discussed in the next page. If you want to undo the marriage, you'll have to get divorced just like every other valid marriage, and that will usually mean waiting until one year has passed since your separation. An alcohol-induced Las Vegas marriage was upheld in the very funny 2005 Supreme Court case of ''[http://canlii.ca/t/1q47l Davison v. Sweeney]'', 2005 BCSC 757, simply because the spouses knew what they were doing when they married, despite the fact that they had never had sex and separated two days after the marriage, when their respective holidays ended.


====Separation and the "legal separation"====
====Separation and the "legal separation"====