Difference between revisions of "Introduction to Family Law in British Columbia"

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==Information for people who are new to Canada==
==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 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 to one another.
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 they are married to one another. As well, people in same sex relationships have exactly the same rights as people in opposite sex relationships.


Our courts are open to everybody who lives in Canada, not only to people 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 have permanent residency in Canada or not.
Our courts are open to everybody who lives in Canada, not only to people who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, including whether they have permanent residency in Canada or not.


There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, they can, and that person does not need the permission or agreement of the other spouse to leave.
There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, they can, and that person does not need the permission or agreement of the other people to leave.


In Canada, there is no requirement for either dowry or dower to be paid when a couple marries or divorces. Even if a religion requires such a payment, the religious duty is not legally binding in Canada.
In Canada, there is no requirement for either dowry or dower to be paid when a couple marries or divorces. Even if a religion requires such a payment, the religious duty is not legally binding in Canada.
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If an arranged marriage has been proposed, the parties must still agree to the marriage of their own free <span class="noglossary">will</span>. There is no law that allows someone to be forced to marry someone else. An agreement between relatives about a marriage is not legally binding on the people who are supposed to get married.
If an arranged marriage has been proposed, the parties must still agree to the marriage of their own free <span class="noglossary">will</span>. There is no law that allows someone to be forced to marry someone else. An agreement between relatives about a marriage is not legally binding on the people who are supposed to get married.


When one spouse sponsors another spouse to come to Canada, that person <span class="noglossary">will</span> usually sign a ''sponsorship agreement'' with the government. This agreement requires the sponsor to support the person who is coming to Canada, whether they stay married, separate or divorce. This agreement is only between the sponsor and the government. If the person coming to Canada needs spousal support, for example, they can ask the court for an order that spousal support be paid.
When one spouse sponsors another spouse to come to Canada, that person <span class="noglossary">will</span> usually sign a ''sponsorship agreement'' with the government. This is an agreement that requires the sponsor to support the person who is coming to Canada, whether they stay married, separate or divorce. This agreement is only between the sponsor and the government. If the person coming to Canada needs spousal support, for example, they can ask the court for an order that spousal support be paid.


Separation does not automatically mean that someone new to Canada <span class="noglossary">will</span> have to leave the country. People who are permanent residents, for example, <span class="noglossary">will</span> usually be allowed to stay, regardless of what is happening in their relationship with their sponsors. You should, however, speak to an immigration lawyer just to be sure.
Separation does not automatically mean that someone new to Canada <span class="noglossary">will</span> have to leave the country. People who are permanent residents, for example, <span class="noglossary">will</span> usually be allowed to stay, regardless of what is happening in their relationship with their sponsors. You should, however, speak to an immigration lawyer just to be sure.
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{{REVIEWED | reviewer = [[JP Boyd]], August 8, 2017}}
{{REVIEWED | reviewer = [[JP Boyd]], June 21, 2019}}


{{JP Boyd on Family Law Navbox|type=started}}
{{JP Boyd on Family Law Navbox|type=started}}

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