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===Orders available to unmarried couples=== | ===Orders available to unmarried couples=== | ||
Under the ''[[Family Law Act]]'', couples who neither married nor lived together have certain rights and obligations toward one another if they have a child. One or both of them will also be entitled to certain government benefits as a result of being parents, but those rights don't come from the ''Family Law Act'', they come from | Under the ''[[Family Law Act]]'', couples who neither married nor lived together have certain rights and obligations toward one another if they have a child. One or both of them will also be entitled to certain government benefits as a result of being parents, but those rights don't come from the ''Family Law Act'', they come from programs like the provincial BC Early Childhood Tax Benefit (to be replaced by the BC Child Opportunity Benefit in 2020) and the federal ''[http://canlii.ca/t/7wmq Income Tax Act]''. | ||
====Children and child support==== | ====Children and child support==== | ||
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In a short relationship, each person will generally be entitled to keep whatever they brought into the relationship and anything they received as a gift from the other person. If there are any jointly owned assets ― property that both people own and that are registered in both names ― like a house or a car, there is a legal presumption that each owner is entitled to an equal interest in the asset, whether the couple contributed equally to its purchase or not. | In a short relationship, each person will generally be entitled to keep whatever they brought into the relationship and anything they received as a gift from the other person. If there are any jointly owned assets ― property that both people own and that are registered in both names ― like a house or a car, there is a legal presumption that each owner is entitled to an equal interest in the asset, whether the couple contributed equally to its purchase or not. | ||
Although unmarried couples who lived together for less than two years, or didn't live together at all, aren't able to make any claims about property owned only by one of them under the ''[[Family Law Act]]'', they may be able to make a claim under certain common law principles. These are discussed in more detail in the first section of the [[ | Although unmarried couples who lived together for less than two years, or didn't live together at all, aren't able to make any claims about property owned only by one of them under the ''[[Family Law Act]]'', they may be able to make a claim under certain common law principles. These are discussed in more detail in the first section of the [[Property & Debt in Family Law Matters|Property & Debt]] chapter, under the heading "Property claims and people who aren't spouses". | ||
===Orders not available to unmarried couples=== | ===Orders not available to unmarried couples=== | ||
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The most important thing to know about government benefits is that most federal legislation defines a ''spouse'' as someone who has been in a cohabiting relationship for at least one year, as opposed to British Columbia's legislation which generally requires a two-year cohabiting relationship to qualify. As a result, someone in a relationship of at least one year may qualify for any federal benefits that depend on a spousal relationship, although they probably won't qualify for provincial benefits. People in a relationship of less than one year will not usually qualify for any benefits at all. | The most important thing to know about government benefits is that most federal legislation defines a ''spouse'' as someone who has been in a cohabiting relationship for at least one year, as opposed to British Columbia's legislation which generally requires a two-year cohabiting relationship to qualify. As a result, someone in a relationship of at least one year may qualify for any federal benefits that depend on a spousal relationship, although they probably won't qualify for provincial benefits. People in a relationship of less than one year will not usually qualify for any benefits at all. | ||
Benefits relating to children, like the [ | Benefits relating to children, like the [https://www2.gov.bc.ca/gov/content/family-social-supports/family-benefits provincial supports], the [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/canada-child-benefit-overview.html#nt Canada Child Benefit], and the [http://www.nationalchildbenefit.ca/eng/home.shtml National Child Benefit Supplement] are available to anyone who is a parent, regardless of the nature of that person's relationship with the other parent. The website of the [http://www.cra-arc.gc.ca/menu-eng.html Canada Revenue Agency] has a lot of information about federal and provincial benefits. | ||
The federal government has a helpful online [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html child benefits calculator] that estimates the amount of benefits available from federal and provincial sources based on information you provide. | The federal government has a helpful online [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html child benefits calculator] that estimates the amount of benefits available from federal and provincial sources based on information you provide. | ||
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* ''[[Family Law Act]]'' | * ''[[Family Law Act]]'' | ||
* provincial ''[http://canlii.ca/t/843w Income Tax Act]'' | * provincial ''[http://canlii.ca/t/843w Income Tax Act]'' | ||
* ''[http://canlii.ca/t/7w0s Universal Child Care Benefit Act]'' | * ''[http://canlii.ca/t/7w0s Universal Child Care Benefit Act]'' | ||
* federal ''[http://canlii.ca/t/7wmq Income Tax Act]''. | * federal ''[http://canlii.ca/t/7wmq Income Tax Act]''. | ||
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* [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html Canada child benefits calculator] | * [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html Canada child benefits calculator] | ||
* [http://www.cra-arc.gc.ca/bnfts/ Canada Revenue Agency website | * [http://www.cra-arc.gc.ca/bnfts/ Canada Revenue Agency website "Overview of child and family benefits"] | ||
* [ | * [https://www2.gov.bc.ca/gov/content/family-social-supports/family-benefits BC Family Benefits] | ||
* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's | * [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ''Living Together or Living Apart''], chapter 1 on types of relationships | ||
* [http://clicklaw.bc.ca/resource/2376 | * [http://clicklaw.bc.ca/resource/2376 Dial-A-Law Script "Introduction to Family Law"] | ||
{{REVIEWED | reviewer = [[Stephen Wright]] and [[Michael Sinclair]], April 17, 2019}} | {{REVIEWED | reviewer = [[Stephen Wright]] and [[Michael Sinclair]], April 17, 2019}} | ||