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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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To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the laws about family law problems, and how the courts apply those laws when a couple can't agree about something. Since it isn't always necessary to go to court when there's a problem, you also need to know about negotiation and mediation. These are the most common ways that people solve their problems without the help of a judge. | To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the laws about family law problems, and how the courts apply those laws when a couple can't agree about something. Since it isn't always necessary to go to court when there's a problem, you also need to know about negotiation and mediation. These are the most common ways that people solve their problems without the help of a judge. | ||
Family law problems are resolved in one of two ways: the couple bargain with each other and come up with a solution that they both agree to; or, the couple can't agree and they have to | Family law problems are resolved in one of two ways: the couple bargain with each other and come up with a solution that they both agree to; or, the couple can't agree and they have to ask someone else to come up with a solution, usually by going to court. Going to court means that one or both people have or will start a court proceeding. (Court proceedings are also known as ''lawsuits'', ''claims'' or ''actions''.) Going to court is called ''litigation''; trying to come up with an agreement without going to court is called ''negotiation''. Mediation is a kind of negotiation. | ||
There are two courts that handle almost all family law litigation in British Columbia: the Provincial (Family) Court and the Supreme Court. Each court has its own rules, its own forms, and its own process. | There are two courts that handle almost all family law litigation in British Columbia: the Provincial (Family) Court and the Supreme Court. Each court has its own rules, its own forms, and its own process. | ||
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*[[Family Relationships]], in particular the sections on [[Marriage & Married Spouses]] and [[Unmarried Spouses]] | *[[Family Relationships]], in particular the sections on [[Marriage & Married Spouses]] and [[Unmarried Spouses]] | ||
==The courts of British Columbia== | ==Resolving family law problems== | ||
If you have a family problem now or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's a also a third option. You could also walk away refuse to deal with the problem, and wait to see what happens. This is a terrible way of dealing with family law problems. | |||
If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal agreement. Reaching an agreement usually requires negotiation. You can negotiation face to face, or do it through lawyers. ''Mediation'' is a kind of negotiation that uses a specially-trained mediator to help people talk to each other. ''Collaborative settlement processes'' are a kind of negotiation that uses specially-trained lawyers, and sometimes people who are experts about money or experts about children, who work together to help people talk to each other. | |||
If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding governed by the formal rules of court that will conclude months or years later with a trial before a judge, if your family problem isn't resolved before then. If you ''arbitrate'', you will start a private proceeding governed by rules you can help design that will conclude months later with a hearing before an arbitrator. | |||
Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as an ''agreement'', but if you can negotiate a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''. | |||
'''Further reading:''' | |||
*[[Resolving Family Law Problems out of Court]] | |||
*[[Resolving Family Law Problems in Court]] | |||
*[[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 sign if you lease a car. Family law agreements are used to record a couple's agreement on legal issues that they're dealing with when they make the agreement, or may have to deal with at some point in the future. | |||
There are three kinds of agreement a couple can make about family law issues: | |||
#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 | |||
#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 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.'' | |||
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 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 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. | |||
'''Further reading:''' | |||
*[[Family Law Agreements|Family Law Agreements]] | |||
===The courts of British Columbia=== | |||
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. The Provincial Court and the Supreme Court are ''trial courts'', which means that if litigants can't solve a legal problem for themselves, the court can make decisions resolving those problems after hearing from witnesses and considering the other evidence presented at a formal trial. The Court of Appeal is an ''appeal court'', meaning that it doesn't hold trials, it just hears arguments about whether the decision of a trial court was correct or incorrect. Most family law litigation happens in the Provincial Court and the Supreme Court. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. The Provincial Court and the Supreme Court are ''trial courts'', which means that if litigants can't solve a legal problem for themselves, the court can make decisions resolving those problems after hearing from witnesses and considering the other evidence presented at a formal trial. The Court of Appeal is an ''appeal court'', meaning that it doesn't hold trials, it just hears arguments about whether the decision of a trial court was correct or incorrect. Most family law litigation happens in the Provincial Court and the Supreme Court. | ||
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*[[Separation & Divorce]] | *[[Separation & Divorce]] | ||
==Information for people who are new to Canada== | ==Information for people who are new to Canada== | ||
