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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)
Revision as of 13:10, 7 March 2013
, 13:10, 7 March 2013→Dividing Family Property and Family Debt
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==Dividing Family Property and Family Debt== | ==Dividing Family Property and Family Debt== | ||
Married | Married spouses and unmarried spouses who have lived together for at least two years are each entitled to half of the ''family property'' when their relationships end. Family property includes: | ||
#the property the spouses got during their relationship, and includes real estate as well as personal property; | |||
#bank accounts, investments, RRSPs and pensions; | |||
#the interest of a spouse in a company, business or partnership; | |||
#debts owed to a spouse; and, | |||
#the amount by which "excluded property" has increased in value during the relationship. | |||
Each spouse is entitled to keep his or her ''excluded property''. Excluded property includes: | |||
#the property owned by each spouse on the date the spouses began to live together or they date they married, whichever is earlier; | |||
#gifts or inheritances received during the spouses' relationship; | |||
#certain kinds of court awards and insurance payments during the relationship; and, | |||
#property bought during the relationship with excluded property. | |||
Each spouse is also responsible for half of the ''family debt''. Family debt includes: | |||
#all debts incurred by either spouse during their relationship; and, | |||
#debt incurred after separation, if the debt was incurred to maintain family property. | |||
The spouses' right to a share in the family property and obligation to share in the family debt happens when the spouses separate. Separation doesn't always happen when someone moves out. Spouses can be separated while living together, as long as one of them has said the relationship is over and then behaved as if it was over, for example by stopping sleeping together or eating together and stopping doing chores for each other. | |||
'''Further Reading:''' | |||
*Family Assets | |||
*Family Assets > Dividing Assets | |||
*Unmarried Couples > Common-Law Relationships | |||
==Separation and Divorce== | |||
You do not need a legal document in order to separate, and you don't need to see a lawyer or a judge to separate. You just leave the relationship or announce that it's over and then behave like it's over. There is no such thing as a ''legal separation'' in British Columbia. | |||
Sometimes married people don't get around to getting a divorce for many, many years. That's fine. The only thing a separated married person can't do that an unmarried person can do is marry again. Separated married people can date someone else, live with someone else, be in a | For unmarried spouses and other unmarried couples, their relationship is over the moment they separate. That's it, it's done! There is no such thing as a "common-law marriage," and unmarried spouses don't need to get divorced. | ||
For a marriage to end, however, married spouses must divorce, and that means they must get a court order saying that they are are divorced. A married couple can be separated for many years but still be married if they haven't gotten a divorce order. | |||
Sometimes married people don't get around to getting a divorce for many, many years. That's fine. The only thing a separated married person can't do that an unmarried person can do is marry again. Separated married people can date someone else, live with someone else, be in a unmarried relationship with someone else, have property in their own name, have bank accounts and credit cards in their own name and so on. | |||
There are three reasons why a court will make a divorce order: | There are three reasons why a court will make a divorce order: | ||
the couple | #the couple has separated and have stayed separated for more than one year; | ||
one spouse has had sex with someone other than his or her spouse, called adultery; or, | #one spouse has had sex with someone other than his or her spouse, called ''adultery''; or, | ||
one spouse has been verbally, emotionally or physically abusive to his or her spouse, which is what the Divorce Act means by cruelty. | #one spouse has been verbally, emotionally or physically abusive to his or her spouse, which is what the ''Divorce Act'' means by ''cruelty''. | ||
To get a divorce order, you have to start a | |||
To get a divorce order, you have to start a court proceeding. You don't have to ask the court for anything else except a divorce. When a couple agrees to get a divorce, they can get a divorce using the do-it-yourself desk order process, and they won't have to go in front of a judge ever. | |||
Further Reading | '''Further Reading:''' | ||
Marriage & Divorce > Separation | *Marriage & Divorce > Separation | ||
Unmarried Couples | *Unmarried Couples | ||
Marriage & Divorce > Separating Emotionally | *Marriage & Divorce > Separating Emotionally | ||
Marriage & Divorce > Divorce | *Marriage & Divorce > Divorce | ||
==Family Law Agreements== | |||
A family law agreement is a contract, like the contract you might have with your landlord, your employer, or the contract you might have if you lease a car. There are three kinds of agreement a couple can make in family law: | A family law agreement is a contract, like the contract you might have with your landlord, your employer, or the contract you might have if you lease a car. There are three kinds of agreement a couple can make in family law: | ||
Cohabitation agreements, agreements that a couple | *''Cohabitation agreements'', agreements that a couple makes when they are living together or plan to living 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. | ||
Separation agreements, which a married or | *''Separation agreements'', which a married or unmarried people might make after their relationship ends. | ||
Cohabitation agreements and marriage agreements are for couples who are just starting a relationship. These sorts of agreements can talk about how the relationship will be managed (who will pay the bills, will there be a joint bank account or a joint credit card, or who will do what parts of the housework), but most often they talk about what will happen if the relationship ends. These agreements are usually meant to stop a couple from fighting after a relationship ends by setting out who will get what right from the start. | Cohabitation agreements and marriage agreements are for couples who are just starting a relationship. These sorts of agreements can talk about how the relationship will be managed (who will pay the bills, will there be a joint bank account or a joint credit card, or who will do what parts of the housework), but most often they talk about what will happen if the relationship ends. These agreements are usually meant to stop a couple from fighting after a relationship ends by setting out who will get what right from the start. | ||
The law does not require that a couple make a cohabitation agreement or a marriage agreement when they start to live together or marry. You | ''The law does not require that a couple make a cohabitation agreement or a marriage agreement when they start to live together or marry. You don't have to sign an agreement if you don't want to.'' | ||
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 | 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. | ||
Separation agreements are made after a relationship has ended. They set out how a couple | Separation agreements are made after a relationship has ended. They set out how a couple has agreed to deal with things like the care of children, child support and spousal support, and how the family assets will be shared. Separation agreements don't have to cover all the family law problems a couple has. They can deal with just some of those problems and leave the rest for the court to decide. | ||
Normally a couple talk together about the | Normally a couple talk together about the issues and try to make an agreement that they are both happy with. It is unusual for just one person to make the 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, you both expect that each of you will follow the agreement, and that the court will enforce the agreement if you don't follow the agreement. The court will generally respect an agreement that a couple willingly signed, as long as the agreement was fair and neither person misled the other person about something important, like money or property. | No matter what kind of family law agreement you have signed, you both expect that each of you will follow the agreement, and that the court will enforce the agreement if you don't follow the agreement. The court will generally respect an agreement that a couple willingly signed, as long as the agreement was fair and neither person misled the other person about something important, like money or property. | ||
Further Reading | '''Further Reading:''' | ||
Family Agreements | *Family Agreements | ||
Alternatives to Court | *Alternatives to Court | ||
==Information for People who are New to Canada== | |||
In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a | In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married spouses or unmarried spouses. | ||
Our courts are open to everybody who lives in Canada, not to poeple who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they are a landed immigrant or not. | Our courts are open to everybody who lives in Canada, not to poeple who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they are a landed immigrant or not. | ||
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In Canada you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada. The decisions of religious tribunals about how a separated couple will share their assets or manage the care and control of their children are not recognized in British Columbia. | In Canada you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada. The decisions of religious tribunals about how a separated couple will share their assets or manage the care and control of their children are not recognized in British Columbia. | ||
Further Reading | '''Further Reading:''' | ||
Other Family Law Issues | *Other Family Law Issues | ||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} | ||