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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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When a couple breaks up, they sometimes have to decide how property should be divided, how a child <span class="noglossary">will</span> be cared for, and whether someone needs some extra money to help pay the bills. Family law, also called divorce law, is the area of the law that deals with problems like these. | When a couple breaks up, they sometimes have to decide how property should be divided, how a child <span class="noglossary">will</span> be cared for, and whether someone needs some extra money to help pay the bills. Family law, also called divorce law, is the area of the law that deals with problems like these. | ||
To understand how family law works in British Columbia, you need to have a basic understanding of the | 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 the way 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 solved in one of two ways: the couple | Family law problems are solved in one of two ways: the couple bargains with each other and comes up with a solution that they both agree to; or, the couple can't agree and they have to go to court to have a judge come up with a solution. Going to court means that one or both people have to 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 their own rules, their own forms and their 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 their own rules, their own forms and their own process. | ||
