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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
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Sometimes married people don't get around to getting a divorce for many, many years. That's fine. The only thing a separated married person can't do that an unmarried person can do is marry again. Separated married people can date someone else, live with someone else, be in a unmarried relationship with someone else, have property in their own name, have bank accounts and credit cards in their own name, and so on. | Sometimes married people don't get around to getting a divorce for many, many years. That's fine. The only thing a separated married person can't do that an unmarried person can do is marry again. Separated married people can date someone else, live with someone else, be in a unmarried relationship with someone else, have property in their own name, have bank accounts and credit cards in their own name, and so on. | ||
There is only one reason why a court <span class="noglossary">will</span> make a divorce order: | There is only one reason why a court <span class="noglossary">will</span> make a divorce order: it believes that the marriage has broken down. The breakdown of a marriage can be shown in one of three ways: | ||
#the couple have separated and have stayed separated for more than one year, | #the couple have separated and have stayed separated for more than one year, | ||
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==Family law agreements== | ==Family law agreements== | ||
A family law agreement is a contract, like the contract you might have with your landlord or your employer, or the contract you might | A family law agreement is a contract, like the contract you might have with your landlord or your employer, or the contract you might sign if you lease a car. | ||
There are three kinds of agreement a couple can make | There are three kinds of agreement a couple can make about family law issues: | ||
#cohabitation agreements, agreements that a couple may make when they are living together or plan to | #living-togther or cohabitation agreements, agreements that a couple may make when they are living together or plan to live together, | ||
#marriage agreements, which a couple may want if they are going to be getting married, and | #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 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 | ''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 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 like this 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 like this if you don't want to.'' | ||
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''Separation agreements'' are made after a relationship has ended. They talk about 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 have. 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 talk about 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 have. They can deal with just some of those problems and leave the rest for the court to decide. | ||
Normally a couple talk | Normally a couple who are thinking about a separation agreement talk about the issues and try to negotiate a resolution that they are both happy with. It is unusual for just one person to write a separation agreement without talking to the other person. ''You do not have to sign a separation agreement if you don't want to.'' | ||
No matter what kind of family law agreement you have signed, you both expect that each of you <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if you don't follow it. The court <span class="noglossary">will</span> generally respect an agreement that a couple willingly signed, as long as the agreement was fair and neither person misled the other person about something important, like money or property. | No matter what kind of family law agreement you have signed, you both expect that each of you <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if you don't follow it. The court <span class="noglossary">will</span> generally respect an agreement that a couple willingly signed, as long as the agreement was fair and neither person misled the other person about something important, like money or property. | ||
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==Information for people who are new to Canada== | ==Information for people who are new to Canada== | ||
In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married | In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married to one another. | ||
Our courts are open to everybody who lives in Canada, not only to people who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they have permanent residency or not. | Our courts are open to everybody who lives in Canada, not only to people who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they have permanent residency in Canada or not. | ||
There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, he or she can, and that person does not need the permission or agreement of the other spouse to leave. | There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, he or she can, and that person does not need the permission or agreement of the other spouse to leave. | ||
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In Canada, there is no requirement for either dowry or dower to be paid when a couple marries or divorces. Even if a religion requires such a payment, the religious duty is not legally binding in Canada. | In Canada, there is no requirement for either dowry or dower to be paid when a couple marries or divorces. Even if a religion requires such a payment, the religious duty is not legally binding in Canada. | ||
If an arranged marriage | If an arranged marriage has been proposed, the parties must still agree to the marriage of their own free <span class="noglossary">will</span>. There is no law that allows someone to be forced to marry someone else. An agreement between relatives about a marriage is not legally binding on the people who are supposed to get married. | ||
When one spouse sponsors another spouse to come to Canada, that person <span class="noglossary">will</span> usually sign a "sponsorship agreement" with the government. This agreement requires the sponsor to support the person who is coming to Canada, whether they stay married, separate or divorce. This agreement is only between the sponsor and the government. If the person coming to Canada needs spousal support, for example, he or she can ask the court for an order that spousal support be paid. | When one spouse sponsors another spouse to come to Canada, that person <span class="noglossary">will</span> usually sign a "sponsorship agreement" with the government. This agreement requires the sponsor to support the person who is coming to Canada, whether they stay married, separate or divorce. This agreement is only between the sponsor and the government. If the person coming to Canada needs spousal support, for example, he or she can ask the court for an order that spousal support be paid. | ||
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{{REVIEWED | reviewer = [[JP Boyd]], | {{REVIEWED | reviewer = [[JP Boyd]], August 7, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} | ||
