5,245
edits
Difference between revisions of "The Legislation on Family Law"
From Clicklaw Wikibooks
The Legislation on Family Law (view source)
Revision as of 19:02, 2 April 2013
, 19:02, 2 April 2013no edit summary
| Line 1: | Line 1: | ||
{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
{{ | {{OKCOPY}} | ||
The most important legislation in family and divorce law are the provincial ''[[Family Law Act]]'' and the federal ''[[Divorce Act]]''. There is also a very important federal regulation, the [[Child Support Guidelines]], and an important academic paper, the [[Spousal Support Advisory Guidelines]]. You may also run into other laws, like the ''[http://canlii.ca/t/8481 Name Act]'' or the ''[http://canlii.ca/t/848q Partition of Property Act]'', which weren't written just for family law disputes but still relate to your situation. | The most important legislation in family and divorce law are the provincial ''[[Family Law Act]]'' and the federal ''[[Divorce Act]]''. There is also a very important federal regulation, the [[Child Support Guidelines]], and an important academic paper, the [[Spousal Support Advisory Guidelines]]. You may also run into other laws, like the ''[http://canlii.ca/t/8481 Name Act]'' or the ''[http://canlii.ca/t/848q Partition of Property Act]'', which weren't written just for family law disputes but still relate to your situation. | ||
| Line 71: | Line 71: | ||
The provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also lets someone affected by that order to start a process here that may result in the variation of that order in the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces and states which have a reciprocal agreement with British Columbia. | The provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also lets someone affected by that order to start a process here that may result in the variation of that order in the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces and states which have a reciprocal agreement with British Columbia. | ||
===Real | ===Real property=== | ||
The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of marries spouses and unmarried to their interest in the family home by allowing them to file an entry on the title of the property, but the protection ends once the parties divorce. | The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of marries spouses and unmarried to their interest in the family home by allowing them to file an entry on the title of the property, but the protection ends once the parties divorce. | ||
The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on title. The ''Partition of Property Act'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner. | The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner. | ||
===Wills and | ===Wills and estates=== | ||
Marriage, divorce and living in an unmarried relationship for at least two years can affect how property is distributed through a will and how property is distributed when someone dies without a will, called dying intestate. Two pieces of provincial legislation are important here, the ''Wills Act'' and the ''Estate Administration Act''. The ''Wills Act'' says that: | Marriage, divorce and living in an unmarried relationship for at least two years can affect how property is distributed through a will and how property is distributed when someone dies without a will, called dying intestate. Two pieces of provincial legislation are important here, the ''[http://canlii.ca/t/84fx Wills Act]'' and the ''[http://canlii.ca/t/840g Estate Administration Act]''. The ''[http://canlii.ca/t/84fx Wills Act]'' says that: | ||
<blockquote><tt>15 A will is revoked by the marriage of the testator, unless</tt></blockquote> | <blockquote><tt>15 A will is revoked by the marriage of the testator, unless</tt></blockquote> | ||
| Line 98: | Line 98: | ||
A ''testator'' is a person who makes a will. | A ''testator'' is a person who makes a will. | ||
The ''Estate Administration Act'' deals with the distribution of the estate of someone who dies intestate, that is, without a will. This is a critical piece of legislation because a certain amount of the dead person's estate is automatically allotted to his or her spouse, regardless of whether they are together or have been separated for 2 years or 20 years. Section 85 says that: | The ''[http://canlii.ca/t/840g Estate Administration Act]'' deals with the distribution of the estate of someone who dies intestate, that is, without a will. This is a critical piece of legislation because a certain amount of the dead person's estate is automatically allotted to his or her spouse, regardless of whether they are together or have been separated for 2 years or 20 years. Section 85 says that: | ||
<blockquote><tt>(2) This section applies if an intestate dies leaving a spouse and issue.</tt></blockquote> | <blockquote><tt>(2) This section applies if an intestate dies leaving a spouse and issue.</tt></blockquote> | ||
| Line 108: | Line 108: | ||
<blockquote><tt>(6) If a child has died leaving issue and the issue is alive at the date of the intestate's death, the spouse takes the same share of the estate as if the child had been living at the date.</tt></blockquote> | <blockquote><tt>(6) If a child has died leaving issue and the issue is alive at the date of the intestate's death, the spouse takes the same share of the estate as if the child had been living at the date.</tt></blockquote> | ||
The provincial ''Wills Variation Act'' allows close relatives, including unmarried spouses, who have been left out of someone's will to apply to court for an order giving them some of the dead person's estate. | The provincial ''[http://canlii.ca/t/84g0 Wills Variation Act]'' allows close relatives, including unmarried spouses, who have been left out of someone's will to apply to court for an order giving them some of the dead person's estate. | ||
===Names and | ===Names and change of name=== | ||
The provincial ''Name Act'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''Vital Statistics Act'' talks about the registration of new births and about the naming of infants, and should be read if you're thinking of calling your child something different like Moon Unit or Blue Ivy. | The provincial ''[http://canlii.ca/t/8481 Name Act]'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''[http://canlii.ca/t/84fk Vital Statistics Act]'' talks about the registration of new births and about the naming of infants, and should be read if you're thinking of calling your child something different like Moon Unit or Blue Ivy. | ||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} | ||
