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Difference between revisions of "Family Relationships"
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→Different Rights and Responsibilities
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==Different Rights and Responsibilities== | ==Different Rights and Responsibilities== | ||
===Married Spouses and Unmarried Spouses | ===Married Spouses and Unmarried Spouses=== | ||
Married spouses and unmarried spouses have exactly the same rights in British Columbia under the provincial ''Family Law Act''. Both may: | Married spouses and unmarried spouses who have lived together for at least two years have exactly the same rights in British Columbia under the provincial ''Family Law Act''. Both may: | ||
#be the ''guardians'' of any children then happen to have, and as guardians have parental responsibilities and parenting time with respect to those children; | #be the ''guardians'' of any children then happen to have, and as guardians have parental responsibilities and parenting time with respect to those children; | ||
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#ask for or be responsible to pay ''child support''; | #ask for or be responsible to pay ''child support''; | ||
#ask for or be responsible to pay ''spousal support''; | #ask for or be responsible to pay ''spousal support''; | ||
#share in ''family property'' and any ''family debt''; | #share in ''family property'' and any ''family debt''; and, | ||
#apply for ''protection orders'' if they feel they are at risk of family violence. | #apply for ''protection orders'' if they feel they are at risk of family violence. | ||
The only legal differences between married spouses and unmarried spouses are that only married spouses must get a ''divorce'' to end their relationship with one another and only married spouses can ask the court for orders under the federal ''Divorce Act''. That's it. | The only legal differences between married spouses and unmarried spouses who have lived together for at least two years are that only married spouses must get a ''divorce'' to end their relationship with one another and only married spouses can ask the court for orders under the federal ''Divorce Act''. That's it. | ||
The only legal difference between unmarried spouses who have lived together for at least two years and unmarried spouses who have lived together for less than two years is that couples who have lived together for less than two years aren't able to share in family property and family debt under the ''Family Law Act''. They may: | |||
#be the ''guardians'' of any children then happen to have, and as guardians have parental responsibilities and parenting time with respect to those children; | |||
#have ''contact'' with a child if they happen not to be guardians; | |||
#ask for or be responsible to pay ''child support''; | |||
#ask for or be responsible to pay ''spousal support''; and, | |||
#apply for ''protection orders'' if they feel they are at risk of family violence. | |||
Although unmarried spouses who have lived together for less than two years are cut out of the part of the act that deals with property and debt, they still share in property they jointly own and they can make claims to property owned only by one spouse under the law of trusts and the law of equity. | |||
===Other Unmarried Relationships=== | ===Other Unmarried Relationships=== | ||
Although people who are not spouses can have all sorts of legal relationships with each other, from co-owning land or running a business together, from a family law perspective, the only | Although people who are not spouses can have all sorts of legal relationships with each other, from co-owning land or running a business together, from a family law perspective, in general their most important relationship is as parents. Parents may: | ||
#be the ''guardians'' of any children then happen to have, and as guardians have parental responsibilities and parenting time with respect to those children; | |||
#have ''contact'' with a child if they happen not to be guardians; | |||
#ask for or be responsible to pay ''child support''; and, | |||
#apply for ''protection orders'' if they feel they are at risk of family violence. | |||
Like unmarried spouses who have lived together for less than two years, couples who are not spouses still share in property they jointly own and they can make claims to property owned only by one spouse under the law of trusts and the law of equity. | |||
==A Few Surprisingly Common Misunderstandings== | ==A Few Surprisingly Common Misunderstandings== | ||
