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Difference between revisions of "Family Relationships"
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*'''Married spouses:''' People who are married spouses have been wed at a ceremony conducted by someone licenced by the province to perform marriages. Married relationships end when a court makes an order for the spouses’ divorce. | *'''Married spouses:''' People who are married spouses have been wed at a ceremony conducted by someone licenced by the province to perform marriages. Married relationships end when a court makes an order for the spouses’ divorce. | ||
*'''Unmarried spouses:''' People who are unmarried spouses have lived with each other in a | *'''Unmarried spouses:''' People who are unmarried spouses have lived with each other in a "marriage-like relationship" for a certain minimum amount of time; this is the sort of relationship people mean when they talk about "common-law spouses". The relationships of unmarried spouses end when they separate. Unmarried spouses do not need to get a divorce. | ||
*'''Unmarried parents:''' Unmarried parents are people who have had a child together but never lived together. Unmarried parents might include people who have helped someone have a child through assisted reproduction, like being an egg donor, a sperm donor or a surrogate mother, depending on what an assisted reproduction agreement might say about who’s a parent and who’s not. Unmarried parents also include people who were in a dating or casual relationship and have had a child. | *'''Unmarried parents:''' Unmarried parents are people who have had a child together but never lived together. Unmarried parents might include people who have helped someone have a child through assisted reproduction, like being an egg donor, a sperm donor or a surrogate mother, depending on what an assisted reproduction agreement might say about who’s a parent and who’s not. Unmarried parents also include people who were in a dating or casual relationship and have had a child. | ||
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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 | *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. | ||
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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, | ||
#one of the spouses committed adultery | #one of the spouses committed adultery, or | ||
#one of the spouses treated the other spouse with such mental or physical cruelty that the relationship cannot continue. | #one of the spouses treated the other spouse with such mental or physical cruelty that the relationship cannot continue. | ||
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Section 3(1) of the provincial ''Family Law Act'' defines ''spouse'' as including married spouses as well as: | Section 3(1) of the provincial ''Family Law Act'' defines ''spouse'' as including married spouses as well as: | ||
#people who have lived in a "marriage-like relationship" for at least two years | #people who have lived in a "marriage-like relationship" for at least two years, and | ||
#people who have lived in a marriage-like relationship for less than two years and have had a child together. | #people who have lived in a "marriage-like relationship" for less than two years and have had a child together. | ||
Unmarried spouses who have lived together for at least two years have all of the same rights and obligations under the ''Family Law Act'' as married spouses. Unmarried spouses who have lived together for less than two years don't qualify as spouses for the parts of the act that talk about dividing property and debt, but they are spouses for the parts about spousal support and the child support obligations of stepparents. | Unmarried spouses who have lived together for at least two years have all of the same rights and obligations under the ''Family Law Act'' as married spouses. Unmarried spouses who have lived together for less than two years don't qualify as spouses for the parts of the act that talk about dividing property and debt, but they are spouses for the parts about spousal support and the child support obligations of stepparents. | ||
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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 | *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. | ||
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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'' | *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. | ||
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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'' | *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. | ||
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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 | *have ''contact'' with a child, and | ||
*ask for ''child support''. | *ask for ''child support''. | ||
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To be crystal clear: | To be crystal clear: | ||
*you do not need to "file for separation" to be separated, in fact, there's no such thing in British Columbia as "filing for separation", despite what you might see on the websites of the people who sell do-it-yourself legal kits | *you do not need to "file for separation" to be separated, in fact, there's no such thing in British Columbia as "filing for separation", despite what you might see on the websites of the people who sell do-it-yourself legal kits, | ||
*there are no court or other papers you have to sign to be separated | *there are no court or other papers you have to sign to be separated, and | ||
*you don't need to appear before a judge, lawyer, shaman or anyone else to be separated. | *you don't need to appear before a judge, lawyer, shaman or anyone else to be separated. | ||
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It is not true that you become unmarried spouses simply by living with someone for long enough. You must be living together in a "marriage-like relationship" to become unmarried spouses; mere roommates will not become spouses by accident. There wouldn't be any frat houses if this wasn't the case. | It is not true that you become unmarried spouses simply by living with someone for long enough. You must be living together in a "marriage-like relationship" to become unmarried spouses; mere roommates will not become spouses by accident. There wouldn't be any frat houses if this wasn't the case. | ||
Likewise, a dating couple won't become spouses if they have a child. They must also be living together in a marriage-like relationship. | Likewise, a dating couple won't become spouses if they have a child. They must also be living together in a "marriage-like relationship". | ||
====Separation and the "legal separation"==== | ====Separation and the "legal separation"==== | ||
