Learning about Family Law

Family law is the area of law that deals with marriage, relationships and children. In this section, you will learn about:

• Being married or in a marriage-like relationship,
• Getting separated,
• Getting divorced,
• Making an agreement ,
• Mediation to help reach an agreement,
• Family Justice Counsellors,
• Collaborative family law,
• Finalizing your agreement,
• Caring for and making decisions for children,
• Child’s best interest,
• Child support,
• Spousal support,
• Dividing family property,
• Moving with a child,
• Parents can get help,
• Protection from violence in the family,
• Separation and sponsorship,
• Going to court,
• When children need protection.

The two laws in BC that you may need to know about are:

• Family Law Act. This is a provincial law that applies to all married and common-law couples.
• Divorce Act. This is a federal law that applies to married spouses only.

Rights and responsibilities

When you are married to someone, or living with someone, the family law says you are a spouse. As a spouse, you have legal rights and responsibilities about caring for children and caring for each other. A spouse is each person who is in a same-sex or opposite-sex relationship. There are three kinds of living arrangements in which you can be a spouse.

Marriage and marriage-like relationships

When you are married to someone or living with someone, the family law says you are a spouse. A spouse is each person who is in a same-sex or opposite-sex relationship. If you have a child together you have a responsibility to support that child. One parent may also be responsible for the support of the other parent. There are three kinds of spouses who have legal rights and responsibilities about caring for children and each other. The three kinds of spouses are:

1. People who are married. To be legally married, you must have a religious or civil marriage ceremony. After that, you stay married until one partner dies or until the marriage is legally ended by a divorce.
2. People who are not married but have lived together in a marriage-like relationship for two years or more. Many people call a marriage-like relationship a “common-law” relationship.
   It is not illegal to live in a common-law relationship while you or the other person is still legally married to someone else. A common-law relationship ends when you begin to live apart.
   No matter how long you live together in a common-law relationship, you are not married under the law.
3. People who are not married but have lived in a marriage-like relationship for less than two years and have a child together If you have a child together you have a responsibility to support that child. One parent may also be responsible for the support of the other parent.

Getting separated

Every year in BC, thousands of married and common-law couples stop living together. This is called separation. There is no such thing as a “legal separation.” If you’re married or in a common-law relationship, you become separated as soon as you and your spouse start living apart from each other with the intention of separating.

You don’t have to see a lawyer or go to court to be separated.

You might still live in the same house to save money, but you are usually considered separated if you don’t share things like meals, a bedroom, and social activities. You don’t need your spouse’s permission to separate.

Getting divorced

For couples who have been legally married, divorce is the only way to legally end the marriage. You apply for a divorce by filling out documents and filing them with the BC Supreme Court. You don’t need your spouse’s permission to apply for a divorce. The only legal reason for divorce is "marriage breakdown." You can apply for a divorce saying you have "marriage breakdown" if:

• you or your spouse have lived separately for one year,
• you or your spouse has committed adultery, or
• you were treated by your spouse with physical or mental cruelty.

You can apply for a divorce in BC even if you were married in another country. You will require proof that you were legally married, and that you or your spouse lived in BC for the 12 months before you apply for divorce. Canada recognizes the following as proof of marriage from other countries:

• Marriage certificate
• Marriage registration
• Certified copies of marriage documents

Some cultures have their own divorce ceremony, but you are not legally divorced in Canada unless you have a court order for divorce from Canada or another country.

If you and your spouse agree to get a divorce, the judge reviews the documents you filed with the court.

If you have children, the judge will want to see how you have both agreed to care for them and support them.

Making an agreement

An agreement is a written contract that describes a couple’s decisions about the legal issues in their relationship. Couples can make agreements at any time:

• Before they move in together.
• While they’re living together.
• When they separate.

An agreement you make before you move in together or while you’re living together includes your decisions about:

• who owns what,
• how much money each of you will put in to run the household,
• if you will have a joint household credit card or separate individual credit cards,
• how you will use and look after the things you buy together, and
• who will pay debts.

An agreement you make when you separate includes your decisions about parenting, support and property. For example, it describes:

• Who the children will live with.
• How parents will spend time with the children.
• How parents will support the children.
• Who will stay in the home or apartment.
• How you will divide the things you own.

You and your spouse can make an agreement with each other about these decisions. Or you can go to court and ask the court to decide what should happen.

It’s best if you can settle your family law issues without going to court. Making an agreement saves time, money, and stress. It allows you to keep control of important decisions that affect your family.

Couples can often agree by talking together. But when you are separating you may find it difficult to agree. You can get help to come to an agreement.

Mediation

Mediation is a process where you and the other person ask someone who has special training to listen to what both of you have to say, and help you come to an agreement. The person with this special training is called a mediator.

A mediator can help you and your spouse work together to solve problems.

• A mediator encourages you and your spouse to listen to each other and helps you come up with ideas for resolving your issues.
• A mediator does not take sides or force solutions on you. A mediator does not make any of the decisions. You and your spouse make the decisions.
• Through the mediation process, you can find solutions that are acceptable to both of you.

If you have children, the mediator will help you reach an agreement that is in their best interests. To find a mediator, contact: Mediate BC Society (Family Mediation Services)

Phone: 1-604-684-1300 local 23
Toll-Free: 1-855-660-8406
fms@mediatebc.com
www.mediatebc.com

Family Justice Counsellors

Couples can get help from family justice counsellors. Family justice counsellors are government employees who work at Family Justice Centres across the province. Sometimes they are located in the local courthouse.

Family Justice Centers provide free services for families and couples with low incomes. They can help you and the other parent reach an agreement.

To contact a family justice counsellor, call Service BC at:

• 604-660-2421 (Greater Vancouver),
• 250-387-6121 (Victoria), or
• 1-800-663-7867 (no charge, elsewhere in BC).

Collaborative family law

Couples can agree to work together with lawyers who practise collaborative family law to find solutions that work for both spouses.

In collaborative family law, you and your spouse each have a lawyer. You and the lawyers participate in a series of meetings to try to come to an agreement.

To find a collaborative family law lawyer through the Lawyer Referral Service, see the Find out more - Family Law section.

Finalizing your agreement

When you come to an agreement, you write down what you’ve agreed to and both of you sign it.

Do not sign any agreement if you feel any pressure to do so. If your agreement deals with property, you must have your signatures witnessed by at least one other person.

To have your signature witnessed, ask a third person to:

• watch you sign the agreement, and
• also sign the agreement.

It’s also a good idea for both of you to get legal advice about what goes into your agreement and how it’s written.

To protect your legal rights and those of your children, you should each see a different lawyer.

You also need to see a lawyer if you’ve already signed an agreement and have questions about it.

To find a family law lawyer through Lawyer Referral, see the Find Out More in Learning about the Law section.

When children need protection

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2013.

Learning about the Law Wikibook © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.