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Difference between revisions of "Introduction to Family Law"
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→Family law legislation
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===Family law legislation=== | ===Family law legislation=== | ||
Two different family laws may apply, depending on the type of relationship. | |||
====Divorce Act==== | ====Divorce Act==== | ||
The federal [http://Divorce%20Acthttps://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html ''Divorce Act''] applies throughout Canada. This law only applies to people who are married to each other or who used to be married to each other. It talks about: | |||
* divorce | |||
* parenting after separation, including how children’s time is shared between married spouses | |||
* child support | |||
* spousal support | |||
* relocation | |||
====Family Law Act==== | ====Family Law Act==== | ||
[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html | The [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html ''Family Law Act''] is a BC law that applies to married spouses, unmarried spouses, parents, and children’s caregivers. It talks about: | ||
* parenting after separation, including how children’s time is shared between guardians and people who are not guardians | |||
* child support | |||
* spousal support | |||
* dividing property and debt | |||
* relocation | |||
* court orders that might be needed to protect people | |||
* court orders that might be needed to protect property | |||
But, different parts of this law apply to different people, depending on the type of relationship: | |||
* The parts that talk about child support and the care of | * The parts that talk about child support and the care of children apply to everyone who is a parent or a guardian. | ||
* The parts that talk about spousal support apply only to married | * The parts that talk about spousal support apply only to married and unmarried spouses. | ||
* The parts that talk about dividing property and debt | * The parts that talk about dividing property and debt apply to married spouses as well as unmarried spouses, but only to those who’ve lived together in a marriage-like relationship ''for at least two years''. | ||
==== | ====Understanding the legislation==== | ||
This chart shows which law applies to whom and for what purpose: | This chart shows which law applies to whom and for what purpose: | ||
<!-- HIDING FOR DEVELOPMENT--> | <!-- HIDING FOR DEVELOPMENT--> | ||
{| class="wikitable" | {| class="wikitable" | ||
!style="width: 30%" align="center"| | !style="width: 30%" align="center"| | ||
!style="width: 15%" align="center"|Married | !style="width: 15%" align="center"|Married spouses | ||
!style="width: 15%" align="center"|Unmarried | !style="width: 15%" align="center"|Unmarried spouses | ||
!style="width: 15%" align="center"|Parents | !style="width: 15%" align="center"|Parents | ||
!style="width: 15%" align="center"|Child's | !style="width: 15%" align="center"|Child's caregivers | ||
|- | |- | ||
|align="left"|Divorce||align="center"| X ||align="center"| ||align="center"| ||align="center"| | |align="left"|Divorce||align="center"| X ||align="center"| ||align="center"| ||align="center"| | ||
