Difference between revisions of "Introduction to Family Law in British Columbia"
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There are three kinds of agreement people can make about family law issues: | There are three kinds of agreement people can make about family law issues: | ||
#''living-togther'' or ''cohabitation'' agreements, agreements that people may make when they are living together or plan to live together | #''living-togther'' or ''cohabitation'' agreements, agreements that people may make when they are living together or plan to live together; | ||
#''marriage agreements'', which a couple may want if they are going to be getting married, | #''marriage agreements'', which a couple may want if they are going to be getting married; and, | ||
#''separation agreements'', which a married spouses or unmarried adults may make after their relationship ends. | #''separation agreements'', which a married spouses or unmarried adults may make after their relationship ends. | ||
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Cohabitation agreements and marriage agreements aren't for everyone. People who are bringing a lot of property, money, or children into a relationship may want a cohabitation agreement or a marriage agreement. People who don't have property or children, are young, and expect to have a long-term relationship may not need an agreement at all. | Cohabitation agreements and marriage agreements aren't for everyone. People who are bringing a lot of property, money, or children into a relationship may want a cohabitation agreement or a marriage agreement. People who don't have property or children, are young, and expect to have a long-term relationship may not need an agreement at all. | ||
Separation agreements are made after a relationship has ended. They talk about how people have agreed to deal with things like the care of children, child support and spousal support, and how the family assets <span class="noglossary">will</span> be shared. Separation agreements don't have to cover all the family law problems people have. They can deal with just some of those problems and leave the rest for the court or an arbitrator to decide. | |||
Normally people who are thinking about a separation agreement talk about the issues and try to negotiate a resolution that they are both happy with. It is unusual for just one person to write a separation agreement without talking to the other person. ''You do not have to sign a separation agreement if you don't want to.'' | Normally people who are thinking about a separation agreement talk about the issues and try to negotiate a resolution that they are both happy with. It is unusual, and perhaps unfair, for just one person to write a separation agreement without talking to the other person. ''You do not have to sign a separation agreement if you don't want to.'' | ||
No matter what kind of family law agreement you have signed, each of the people involved in the agreement expect that the other <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if someone doesn't follow it. The court <span class="noglossary">will</span> generally respect an agreement that people signed willingly, as long as the agreement was fair and no one misled anyone else about something important, like money or property. | No matter what kind of family law agreement you have signed, each of the people involved in the agreement expect that the other <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if someone doesn't follow it. The court <span class="noglossary">will</span> generally respect an agreement that people signed willingly, as long as the agreement was fair and no one misled anyone else about something important, like money or property. | ||