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

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There are three kinds of agreement a couple can make in family law:
There are three kinds of agreement a couple can make in family law:


#''Cohabitation agreements'', agreements that a couple may make when they are living together or plan to living together.
#cohabitation agreements, agreements that a couple may make when they are living together or plan to living together,
#''Marriage agreements'', which a couple may want if they are going to be getting married.
#marriage agreements, which a couple may want if they are going to be getting married, and
#''Separation agreements'', which a married or unmarried couple may make after their relationship ends.
#separation agreements, which a married or unmarried couple may make after their relationship ends.


Cohabitation agreements and marriage agreements are for couples 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 they talk about what <span class="noglossary">will</span> happen if the relationship ends. These agreements are usually meant to stop a couple from fighting after a relationship ends by setting out who <span class="noglossary">will</span> get what right from the start.
''Cohabitation agreement''s and ''marriage agreements'' are for couples 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 they talk about what <span class="noglossary">will</span> happen if the relationship ends. These agreements are usually meant to stop a couple 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 a couple make a cohabitation agreement or a marriage agreement when they start to live together or marry. You don't have to sign an agreement if you don't want to.''
''The law does not require that a couple make a cohabitation agreement or a marriage agreement when they start to live together or marry. You don't have to sign an agreement if you don't want to.''
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Cohabitation agreements and marriage agreements aren't for everyone. People who are bringing a lot of property, money, or children into a relationship may want a cohabitation agreement or a marriage agreement. People who don't have property or children, are young, and expect to have a long-term relationship may not need an agreement.
Cohabitation agreements and marriage agreements aren't for everyone. People who are bringing a lot of property, money, or children into a relationship may want a cohabitation agreement or a marriage agreement. People who don't have property or children, are young, and expect to have a long-term relationship may not need an agreement.


Separation agreements are made after a relationship has ended. They set out how a couple has 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 a couple has. They can deal with just some of those problems and leave the rest for the court to decide.
''Separation agreements'' are made after a relationship has ended. They set out how a couple has 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 a couple has. They can deal with just some of those problems and leave the rest for the court to decide.


Normally a couple talk together about the issues and try to make an agreement that they are both happy with. It is unusual for just one person to make the separation agreement without talking to the other person. ''You do not have to sign a separation agreement if you don't want to.''
Normally a couple talk together about the issues and try to make an agreement that they are both happy with. It is unusual for just one person to make the separation agreement without talking to the other person. ''You do not have to sign a separation agreement if you don't want to.''