Difference between revisions of "Divorce (3:IV)"

Line 131:

'''NOTE:''' Because of the complicated nature of separation agreements, clients who wish to make a separation agreement should be referred to family law referrals.

~~next~~: p. 3-17

== H. Other Points to Note ==

=== 1. Jurisdiction to Vary Proceedings ===

Section 5(1) of the ''DA'' allows a Court in a province other than the Court of original jurisdiction (that is, the Court which originally made an order) to vary an order made under the ''DA'' if:

*one of the former spouses is habitually resident in the province; or

*both former spouses accept the jurisdiction of the Court.

=== 2. Adjournment for Reconciliation under the DA ===

Where at any stage in a divorce proceeding it appears to the Court from the nature of the case, the evidence, or the attitude of either or both spouses that there is a possibility of the reconciliation of the spouses, s 10(2) of the ''DA'' allows the Court to adjourn the proceedings to give the spouse an opportunity to reconcile. The Court can also, with the spouses' consent, nominate a marriage counselor, or in special circumstances, some other suitable person to assist a reconciliation.

=== 3. Alteration of Effective Date of Divorce ===

Under s 12 of the ''DA'', a divorce takes effect on the 31st day after the day on which the judgment granting the divorce is rendered. The 31 days allow for the appeal period to expire. The Court may order that the divorce take effect before this if it is of the opinion there are special circumstances and the spouses agree that no appeal from the judgment will be taken. The impending birth of a child and remarriage are generally not considered compelling reasons to shorten the appeal period. However, one may file an appeal waiver to remarry sooner.

=== 4. Support Order After Divorce Has Been Granted ===

Under s 15 of the ''DA'', for the purposes of child support, “spouse” means either of two persons a male or female who are married to each other (s 2(1)) and also includes “former spouse”. This means that a former spouse may be able to get a support order after the divorce has been granted.

=== 5. Mediation ===

A form of mediation for separating couples is provided by the Family Justice Counsellors of the Ministry of Attorney General. It is intended to steer people out of the Court system. Similar to the small claims process, if the two parties come to an agreement through mediation they may choose to sign a binding contract after the process. Should either party choose not to sign, the agreement will not be binding. There are offices throughout BC, which can be located using the blue pages of the telephone book under BC Corrections Branch, or Family Court: Probation and Family Court Services. The service is confidential and free. Family Justice Counsellors cannot deal with property and debt division.

There is also the Family Mediation Practicum Program which aims to provide affordable mediation services to participants while also offering practical training to new mediators (along with an experienced mentor mediator). See [[Governing Legislation and Resources for Family Law (3:I)#15. Family Mediation Practicum Project | Family Mediation Practicum Project]].

Parties may wish to retain a private family law mediator to assist them in mediating a resolution to their family law matter. They may contact the British Columbia Mediator Roster Society for names of family law mediators. See [[Governing Legislation and Resources for Family Law (3:I)#18. The Law Society of British Columbia - Family Law Mediators | British Columbia Mediator Roster Society]]. Not all family law mediators are listed on the roster, and there are many family lawyers who are specifically trained and accredited in family law mediation.

The new ''FLA'' favours out of Court resolution of issues, and even gives courts the authority to refer parties to counselling and mediation (s 4 ''FLA''). It also formally recognizes the role of and duties of family dispute resolution professionals (Section 1 -8), family justice counsellors (section 1-10), and parenting coordinators (Division 3).

@@ Line 131: / Line 131: @@
 '''NOTE:''' Because of the complicated nature of separation agreements, clients who wish to make a separation agreement should be referred to family law referrals.
-next: p. 3-17
+== H. Other Points to Note ==
+=== 1. Jurisdiction to Vary Proceedings ===
+Section 5(1) of the ''DA'' allows a Court in a province other than the Court of original jurisdiction (that is, the Court which originally made an order) to vary an order made under the ''DA'' if:
+*one of the former spouses is habitually resident in the province; or
+*both former spouses accept the jurisdiction of the Court.
+=== 2. Adjournment for Reconciliation under the DA ===
+Where at any stage in a divorce proceeding it appears to the Court from the nature of the case, the evidence, or the attitude of either or both spouses that there is a possibility of the reconciliation of the spouses, s 10(2) of the ''DA'' allows the Court to adjourn the proceedings to give the spouse an opportunity to reconcile. The Court can also, with the spouses' consent, nominate a marriage counselor, or in special circumstances, some other suitable person to assist a reconciliation.
+=== 3. Alteration of Effective Date of Divorce ===
+Under s 12 of the ''DA'', a divorce takes effect on the 31st day after the day on which the judgment granting the divorce is rendered. The 31 days allow for the appeal period to expire. The Court may order that the divorce take effect before this if it is of the opinion there are special circumstances and the spouses agree that no appeal from the judgment will be taken. The impending birth of a child and remarriage are generally not considered compelling reasons to shorten the appeal period. However, one may file an appeal waiver to remarry sooner.
+=== 4. Support Order After Divorce Has Been Granted ===
+Under s 15 of the ''DA'', for the purposes of child support, “spouse” means either of two persons a male or female who are married to each other (s 2(1)) and also includes “former spouse”. This means that a former spouse may be able to get a support order after the divorce has been granted.
+=== 5. Mediation ===
+A form of mediation for separating couples is provided by the Family Justice Counsellors of the Ministry of Attorney General. It is intended to steer people out of the Court system. Similar to the small claims process, if the two parties come to an agreement through mediation they may choose to sign a binding contract after the process. Should either party choose not to sign, the agreement will not be binding. There are offices throughout BC, which can be located using the blue pages of the telephone book under BC Corrections Branch, or Family Court: Probation  and  Family Court Services. The service is confidential and free. Family Justice Counsellors cannot deal with property and debt division.
+There is also the Family Mediation Practicum Program which aims to provide affordable mediation services to participants while also offering  practical training to new mediators (along with an experienced mentor mediator). See [[Governing Legislation and Resources for Family Law (3:I)#15. Family Mediation Practicum Project | Family Mediation Practicum Project]].
+Parties may wish to retain a private family law mediator to assist them in mediating a resolution to their family law matter. They may contact  the British Columbia Mediator Roster Society for names of family law mediators. See [[Governing Legislation and Resources for Family Law (3:I)#18. The Law Society of British Columbia - Family Law Mediators | British Columbia Mediator Roster Society]]. Not all family law mediators are listed on the roster, and there are many family lawyers who are specifically trained and accredited in family law mediation.
+The new ''FLA'' favours out of Court resolution of issues, and even gives courts the authority to refer parties to counselling and mediation (s 4 ''FLA''). It also formally recognizes the role of and duties of family dispute resolution professionals (Section 1 -8), family justice counsellors (section 1-10), and parenting coordinators (Division 3).

Difference between revisions of "Divorce (3:IV)"

Navigation menu

Search