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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)
Revision as of 17:13, 21 June 2019
, 17:13, 21 June 2019→Separation and divorce
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===Separation and divorce=== | ===Separation and divorce=== | ||
You don't need a legal document to separate, and you don't need to see a lawyer or a judge to separate. You just leave the relationship or announce that it's over and then behave like it's over. There is no such thing as a | ''You don't need a legal document to separate, and you don't need to see a lawyer or a judge to separate.'' You just leave the relationship or announce that it's over and then behave like it's over. There is no such thing as a "legal separation" in British Columbia. | ||
For unmarried spouses and other unmarried | For unmarried spouses and other unmarried adults, their relationship is over the moment they separate. That's it, it's done! There is no such thing as a "common-law marriage," and unmarried spouses never need to get divorced. | ||
For a marriage to end, however, married spouses must divorce, and that means they must get a court order saying that they are divorced. A married couple can be separated for many years but still be married if they haven't gotten a divorce order. | For a marriage to legally end, however, married spouses must divorce, and that means they must get a court order saying that they are divorced. A married couple can be separated for many years but still be married if they haven't gotten a divorce order. | ||
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. | ||
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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: | 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 | #the spouses have separated and have stayed separated for more than one year, | ||
#a spouse has had sex with someone other than | #a spouse has had sex with someone other than the other spouse, called ''adultery'', or | ||
#a spouse has been verbally, emotionally or physically abusive to the other spouse, which is what the ''[[Divorce Act]]'' means by ''cruelty''. | #a spouse has been verbally, emotionally or physically abusive to the other spouse, which is what the ''[[Divorce Act]]'' means by ''cruelty''. | ||
To get a divorce order, you have to start a court proceeding. You don't have to ask the court for anything else except a divorce, if a divorce is all you need. When a couple agrees to get a divorce, they can get a divorce using the do-it-yourself desk order process, and they won't have to go in front of a judge ever. | To get a divorce order, you have to start a court proceeding. You don't have to ask the court for anything else except a divorce, if a divorce is all you need. When a married couple agrees to get a divorce, they can get a divorce using the do-it-yourself desk order process, and they won't have to go in front of a judge ever. | ||
'''Further reading:''' | '''Further reading:''' | ||
