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Difference between revisions of "Introduction to Family Law in British Columbia"

From Clicklaw Wikibooks
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Chapter on:
Chapter on:
*[[Children in Family Law Matters]], in particular the sections on [[Custody and Access]] and [[Guardianship, Parenting Arrangements and Contact]]
*[[Children in Family Law Matters]], in particular the sections on [[Custody and Access]] and [[Guardianship, Parenting Arrangements and Contact]]
<span style="color:#D2691E">'''Important changes'''</span> <br />
Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.


===Child support===
===Child support===
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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.
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 an 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: 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: