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Difference between revisions of "Unmarried Spouses"
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<blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) they had lived with each other in a marriage-like relationship for at least 2 years.</tt></blockquote></blockquote> | ||
Here's the definition from | Here's the definition from section 3 of the ''Family Law Act'': | ||
<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote> | <blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote> | ||
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Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute. | Normally I wouldn't make a fuss about terminology like this, except that the phrase "common-law spouses" kind of suggests that there are certain rights and entitlements that a couple get from the operation of the common law, and this really isn't the case and it hasn't been the case for two-and-a-half centuries. What's really important is whether a couple are "spouses" under the particular law that they're looking at; all of their rights and entitlements come from the operation of a statute. | ||
There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're not married but you're a "spouse," it's because of | There is no such thing as a "common-law spouse" or a "common-law marriage" in British Columbia. If you're not married but you're a "spouse," it's because of section 3 of the ''[[Family Law Act]]''. | ||
==Qualifying as an unmarried spouse== | ==Qualifying as an unmarried spouse== | ||
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====Effect of dispute resolution processes==== | ====Effect of dispute resolution processes==== | ||
Under | Under section 198(5) of the ''[[Family Law Act]]'', the running of the time limits "is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional" or "a prescribed process." The purpose of this provision is to allow people to engage in dispute resolution without having to feel pressured into starting a court proceeding to stop a time limit from running out. However, this provision isn't as straightforward as it looks. | ||
First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in | First, the parties have to be engaged in a process of ''family dispute resolution''. That term is defined in section 1 of the act as including: | ||
*the services of a family justice counsellor, | *the services of a family justice counsellor, | ||
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*arbitration. | *arbitration. | ||
You'll notice that negotiation isn't on this list. As well, under the [http://canlii.ca/t/8rdx Family Law Act Regulation], a process of mediation and arbitration requires the execution of a mediation agreement or an arbitration agreement to count as mediation or arbitration under | You'll notice that negotiation isn't on this list. As well, under the [http://canlii.ca/t/8rdx Family Law Act Regulation], a process of mediation and arbitration requires the execution of a mediation agreement or an arbitration agreement to count as mediation or arbitration under section 1. | ||
Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in | Second, the parties have to be engaged in one of these processes with a ''family dispute resolution professional''. This term is defined in section 1 of the act as including: | ||
*family justice counsellors, | *family justice counsellors, | ||