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Difference between revisions of "Introduction to Family Law in British Columbia"

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Family law problems are solved in one of two ways: the couple bargain with each other and come up with a solution that they both agree to; or, the couple can't agree and they have to go to court to have a judge come up with a solution. Going to court means that one or both people have to start a court proceeding. (Court proceedings are also known as ''lawsuits'', ''claims'' or ''actions''.) Going to court is called ''litigation''; trying to come up with an agreement without going to court is called ''negotiation''. Mediation is a kind of negotiation.
Family law problems are solved in one of two ways: the couple bargain with each other and come up with a solution that they both agree to; or, the couple can't agree and they have to go to court to have a judge come up with a solution. Going to court means that one or both people have to start a court proceeding. (Court proceedings are also known as ''lawsuits'', ''claims'' or ''actions''.) Going to court is called ''litigation''; trying to come up with an agreement without going to court is called ''negotiation''. Mediation is a kind of negotiation.


There are two courts that handle almost all family law litigation in British Columbia: the Provincial Family Court and the Supreme Court. Each court has its own rules, its own forms, and its own process.
There are two courts that handle almost all family law litigation in British Columbia: the Provincial (Family) Court and the Supreme Court. Each court has its own rules, its own forms, and its own process.


There are two main laws that apply to family law problems. A law, in this sense of the word, means a rule made by the government. These laws are the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Each law deals with different issues, although they share a lot of issues in common. For some couples, both laws <span class="noglossary">will</span> apply; for others, only one of these laws <span class="noglossary">will</span> apply, probably the ''[[Family Law Act]]''.
There are two main laws that apply to family law problems. A law, in this sense of the word, means a rule made by the government. These laws are the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Each law deals with different issues, although they share a lot of issues in common. For some couples, both laws <span class="noglossary">will</span> apply; for others, only one of these laws <span class="noglossary">will</span> apply, probably the ''[[Family Law Act]]''.