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Difference between revisions of "The Legislation on Family Law"
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The Legislation on Family Law (view source)
Revision as of 18:10, 13 August 2017
, 18:10, 13 August 2017no edit summary
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==Two important statutes, one important regulation and one influential paper== | ==Two important statutes, one important regulation and one influential paper== | ||
The ''[[Divorce Act]]'', the provincial ''[[Family Law Act]]'' and the federal [[Child Support Guidelines]] are central to family law in British Columbia. While some of the subjects covered by the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' overlap, there are significant distinctions between the two laws that you need to be aware of. | The federal ''[[Divorce Act]]'', the provincial ''[[Family Law Act]]'' and the federal [[Child Support Guidelines]] are central to family law in British Columbia. While some of the subjects covered by the ''[[Divorce Act]]'' and the ''[[Family Law Act]]'' overlap, there are significant distinctions between the two laws that you need to be aware of. | ||
Only the ''[[Divorce Act]]'' deals with divorce. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts. Both acts deal with the care of children, children's parenting schedules, child support, and spousal support. Both laws use the [[Child Support Guidelines]] to calculate child support and the payment of children's special expenses. | Only the ''[[Divorce Act]]'' deals with divorce. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts. Both acts deal with the care of children, children's parenting schedules, child support, and spousal support. Both laws use the [[Child Support Guidelines]] to calculate child support and the payment of children's special expenses. | ||
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===Marriage=== | ===Marriage=== | ||
The federal ''[http://canlii.ca/t/7vq2 Marriage (Prohibited Degrees) Act]'' sets out the degrees of consanguinity | The federal ''[http://canlii.ca/t/7vq2 Marriage (Prohibited Degrees) Act]'' sets out the degrees of consanguinity (relatedness by blood) a couple cannot have if they are to marry each other. The federal ''[http://canlii.ca/t/7w02 Civil Marriage Act]'' defines marriage as the "union of two persons" rather than "the union of a man and a woman," allowing same-sex couples to marry, and makes related changes to other federal legislation like the ''[[Divorce Act]]'', allowing same-sex couples to divorce, and the ''[http://canlii.ca/t/7vb7 Income Tax Act]''. | ||
The provincial ''[http://canlii.ca/t/846b Marriage Act]'' deals with the formalities of marriage, and covers such things as who is entitled to marry people, marriage licences, and the age at which a couple can legally marry. | The provincial ''[http://canlii.ca/t/846b Marriage Act]'' deals with the formalities of marriage, and covers such things as who is entitled to marry people, marriage licences, and the age at which a couple can legally marry. | ||