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Difference between revisions of "The Legislation on Family Law"

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This page describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation touching on family law issues.
This page describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation touching on family law issues.


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'''JP done. No glossary tags to be added. Inline external links to legislation to be added, plus internal links.'''


==The Primary Legislation==
==The Primary Legislation==
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<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>


In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in BC, or who is 19 and older if the child cannot support him- or herself. Since only people qualifying as ''spouses'' are obliged to pay child support, this definition is expanded in s. 2(2) in include stepparents:
In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in BC, or who is 19 and older if the child cannot support him- or herself. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in s. 2(2) in include stepparents:


<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>
<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>
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The Advisory Guidelines formulas, and the way the courts have dealt with the Advisory Guidelines, are discussed on more detail in the chapter Spousal Support > The Advisory Guidelines.
The Advisory Guidelines formulas, and the way the courts have dealt with the Advisory Guidelines, are discussed on more detail in the chapter Spousal Support > The Advisory Guidelines.


==Other Legislation==
==Other Legislation Related to Family Law Issues==


This segment discusses some of the secondary legislation relating to marriage, children, child protection, the enforcement of orders and agreements relating to support payments, real property, wills and estates, and name changes.
This segment discusses some of the secondary legislation relating to marriage, children, child protection, the enforcement of orders and agreements relating to support payments, real property, wills and estates, and name changes.