Anonymous

Difference between revisions of "Unmarried Spouses"

From Clicklaw Wikibooks
30 bytes added ,  16:44, 22 July 2019
no edit summary
Line 27: Line 27:
<blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote>


Here's the definition from s. 3 of the ''Family Law Act'':
Here's the definition from section 3 of the ''Family Law Act'':


<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>
<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>
Line 67: Line 67:
Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute.
Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute.


There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're not married but you're a "spouse," it's because of s. 3 of the ''[[Family Law Act]]''.
There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're not married but you're a "spouse," it's because of section 3 of the ''[[Family Law Act]]''.


==Qualifying as an unmarried spouse==
==Qualifying as an unmarried spouse==
Line 118: Line 118:
====Effect of dispute resolution processes====
====Effect of dispute resolution processes====


Under s. 198(5) of the ''[[Family Law Act]]'', the running of the time limits "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional" or "a prescribed process." The purpose of this provision is to allow people to engage in dispute resolution without having to feel pressured into starting a court proceeding to stop a time limit from running out. However, this provision isn't as straightforward as it looks.
Under section 198(5) of the ''[[Family Law Act]]'', the running of the time limits "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional" or "a prescribed process." The purpose of this provision is to allow people to engage in dispute resolution without having to feel pressured into starting a court proceeding to stop a time limit from running out. However, this provision isn't as straightforward as it looks.


First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in s. 1 of the act as including:
First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in section 1 of the act as including:


*the services of a family justice counsellor,  
*the services of a family justice counsellor,  
Line 127: Line 127:
*arbitration.
*arbitration.


You'll notice that negotiation isn't on this list. As well, under the [http://canlii.ca/t/8rdx Family Law Act Regulation], a process of mediation and arbitration requires the execution of a mediation agreement or an arbitration agreement to count as mediation or arbitration under s. 1.
You'll notice that negotiation isn't on this list. As well, under the [http://canlii.ca/t/8rdx Family Law Act Regulation], a process of mediation and arbitration requires the execution of a mediation agreement or an arbitration agreement to count as mediation or arbitration under section 1.


Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in s. 1 of the act as including:
Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in section 1 of the act as including:


*family justice counsellors,  
*family justice counsellors,