Difference between revisions of "Introduction to Family Law in British Columbia"
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==Resolving family law problems== | ==Resolving family law problems== | ||
If you have a family problem now, or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's also a third option. You could also walk away refuse to deal with the problem, and wait to see what happens. This is usually a terrible way of dealing with family law problems. | If you have a family problem now, or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's also a third option. You could also walk away, refuse to deal with the problem, and wait to see what happens. This is usually a terrible way of dealing with family law problems. | ||
If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal way. Reaching an agreement usually requires negotiation. You can negotiate face to face, or do it through lawyers. ''Mediation'' is a kind of negotiation that uses a specially-trained person, a ''mediator'', to help people talk to each other and find a resolution. ''Collaborative negotiation'' is a kind of negotiation that uses specially-trained lawyers, and sometimes also people who are experts about money or experts about children, who work together to help people talk to each other. | If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal way. Reaching an agreement usually requires negotiation. You can negotiate face to face, or do it through lawyers. ''Mediation'' is a kind of negotiation that uses a specially-trained person, a ''mediator'', to help people talk to each other and find a resolution. ''Collaborative negotiation'' is a kind of negotiation that uses specially-trained lawyers, and sometimes also people who are experts about money or experts about children, who work together to help people talk to each other. | ||
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If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding managed by the rules of court that will conclude a few years later with a trial before a judge, if your family problem isn't resolved by an agreement before then. If you ''arbitrate'', you will start a private process governed by rules you can help design that will conclude a few months later with a hearing before an arbitrator. | If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding managed by the rules of court that will conclude a few years later with a trial before a judge, if your family problem isn't resolved by an agreement before then. If you ''arbitrate'', you will start a private process governed by rules you can help design that will conclude a few months later with a hearing before an arbitrator. | ||
Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as a legal ''agreement'', but if you can reach a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''. Orders, awards and agreements are for family law problems that you have now. Agreements are also used to address family law problems that you might have in the future. | Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as a legal ''agreement'', but if you can reach a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''. Orders, awards, and agreements are for family law problems that you have now. Agreements are also used to address family law problems that you might have in the future. | ||
'''Further reading | '''Further reading''' <br /> | ||
Chapters on: | Chapters on: | ||
*[[Resolving Family Law Problems out of Court]] | *[[Resolving Family Law Problems out of Court]] | ||
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===Family law agreements=== | ===Family law agreements=== | ||
A family law agreement is a legal contract, like the contract you might have with your landlord or your employer, or the contract you might sign if you lease a car. Family law agreements are used to record people's settlement of the legal issues that they're dealing with when they make the agreement. They may also deal issues that might come up in the future. | A family law agreement is a legal contract, like the contract you might have with your landlord or your employer, or the contract you might sign if you lease a car. Family law agreements are used to record people's settlement of the legal issues that they're dealing with when they make the agreement. They may also deal with issues that might come up in the future. | ||
There are three kinds of agreement people can make about family law issues: | There are three kinds of agreement people can make about family law issues: | ||
*''living-togther'' or ''cohabitation'' agreements, agreements that people may make when they are living together or plan to live together, | |||
*''marriage agreements'', which a couple may want if they are going to be getting married, and | |||
*''separation agreements'', which married spouses or unmarried adults may make after their relationship ends. | |||
Cohabitation agreements and marriage agreements are for people who are just starting a relationship. These sorts of agreements can talk about how the relationship <span class="noglossary">will</span> be managed (who <span class="noglossary">will</span> pay the bills, <span class="noglossary">will</span> there be a joint bank <span class="noglossary">account</span> or a joint credit card, or who <span class="noglossary">will</span> do what parts of the housework), but most often talk about what <span class="noglossary">will</span> happen if the relationship ends. These agreements are usually meant to stop people from fighting after a relationship ends by setting out who <span class="noglossary">will</span> get what right from the start. | Cohabitation agreements and marriage agreements are for people who are just starting a relationship. These sorts of agreements can talk about how the relationship <span class="noglossary">will</span> be managed (who <span class="noglossary">will</span> pay the bills, <span class="noglossary">will</span> there be a joint bank <span class="noglossary">account</span> or a joint credit card, or who <span class="noglossary">will</span> do what parts of the housework), but most often talk about what <span class="noglossary">will</span> happen if the relationship ends. These agreements are usually meant to stop people from fighting after a relationship ends by setting out who <span class="noglossary">will</span> get what, right from the start. | ||
''The law does not require that people make a cohabitation agreement or a marriage agreement when they start to live together or marry. You don't have to sign an agreement like this if you don't want to.'' | ''The law does not require that people make a cohabitation agreement or a marriage agreement when they start to live together or marry. You don't have to sign an agreement like this if you don't want to.'' | ||
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Separation agreements are made after a relationship has ended. They talk about how people have agreed to deal with things like the care of children, child support and spousal support, and how the family assets <span class="noglossary">will</span> be shared. Separation agreements don't have to cover all the family law problems people have. They can deal with just some of those problems and leave the rest for the court or an arbitrator to decide. | Separation agreements are made after a relationship has ended. They talk about how people have agreed to deal with things like the care of children, child support and spousal support, and how the family assets <span class="noglossary">will</span> be shared. Separation agreements don't have to cover all the family law problems people have. They can deal with just some of those problems and leave the rest for the court or an arbitrator to decide. | ||
Normally people who are thinking about a separation agreement talk about the issues and try to negotiate a resolution that they are both happy with. It is unusual, and perhaps unfair, for just one person to write a separation agreement without talking to the other people involved. ''You do not have to sign a separation agreement if you don't want to.'' | Normally, people who are thinking about a separation agreement talk about the issues and try to negotiate a resolution that they are both happy with. It is unusual, and perhaps unfair, for just one person to write a separation agreement without talking to the other people involved. ''You do not have to sign a separation agreement if you don't want to.'' | ||
No matter what kind of family law agreement you have signed, each of the people involved in the agreement expect that the others <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if someone doesn't follow it. The court <span class="noglossary">will</span> generally respect an agreement that people signed willingly, as long as the agreement was fair and no one misled anyone else about something important, like money or property. | No matter what kind of family law agreement you have signed, each of the people involved in the agreement expect that the others <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if someone doesn't follow it. The court <span class="noglossary">will</span> generally respect an agreement that people signed willingly, as long as the agreement was fair and no one misled anyone else about something important, like money or property. | ||
'''Further reading | '''Further reading''' <br /> | ||
The chapter on: | The chapter on: | ||
*[[Family Law Agreements|Family Law Agreements]] | *[[Family Law Agreements|Family Law Agreements]] | ||
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*guardianship of children under the ''[[Family Law Act]]'', | *guardianship of children under the ''[[Family Law Act]]'', | ||
*parental responsibilities, parenting time and contact under the ''[[Family Law Act]]'', | *parental responsibilities, parenting time, and contact under the ''[[Family Law Act]]'', | ||
*child support, | *child support, | ||
*spousal support, and | *spousal support, and | ||
*orders protecting people. | *orders protecting people. | ||
The Supreme Court can deal with all family law problems. On top of issues about the guardianship and the care of children, child support and spousal support under the ''[[Family Law Act]]'', this court can also deal with: | The Supreme Court can deal with all family law problems. On top of issues about the guardianship of children and the care of children, child support, and spousal support under the ''[[Family Law Act]]'', this court can also deal with: | ||
*divorce, | *divorce, | ||
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Over time, the terms of an order may need to be changed. If there has been an important change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to <span class="noglossary">suit</span> the new circumstances. This is called applying to ''vary'' an order. | Over time, the terms of an order may need to be changed. If there has been an important change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to <span class="noglossary">suit</span> the new circumstances. This is called applying to ''vary'' an order. | ||
'''Further reading | '''Further reading''' <br /> | ||
Chapters on: | |||
*[[Introduction to the Legal System for Family Matters]], in particular the section on [[The Court System for Family Matters]] | *[[Introduction to the Legal System for Family Matters]], in particular the section on [[The Court System for Family Matters]] | ||