Difference between revisions of "Polyamorous Relationships"
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Polyamorous Relationships (view source)
Revision as of 07:29, 15 January 2021
, 07:29, 15 January 2021→Family law agreements
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Firstly, the laws of the other provinces and territories are nowhere near as adaptable to polyamorous relationships as British Columbia's ''Family Law Act''. It may be that when push comes to shove, people simple don't pursue claims in court if they're not going to obviously qualify as ''spouses'', ''partners'', ''parents'' and so on under the local legislation. Challenging legislation under the equality provisions of the Canadian Constitution is expensive and time-consuming. | Firstly, the laws of the other provinces and territories are nowhere near as adaptable to polyamorous relationships as British Columbia's ''Family Law Act''. It may be that when push comes to shove, people simple don't pursue claims in court if they're not going to obviously qualify as ''spouses'', ''partners'', ''parents'' and so on under the local legislation. Challenging legislation under the equality provisions of the Canadian Constitution is expensive and time-consuming. | ||
Secondly, it's also possible — in fact, it's quite likely — that people in polyamorous relationships intentionally avoid going to court when their relationships come to an end and resolve their differences in other ways. Polyamorous relationships tend to be very complex in terms of the expectations of family members, their arrangements for covering household bills, assigning responsibility for repairs and maintenance, their living arrangements, and their arrangements for the ownership of property. Dragging these issues through court, even in a province with laws friendly to polyamorous relationships, would be an arduous, costly and protracted affair. Especially if how the law — on basic issues like child support, spousal support, and the division of property — applies to polyamorous families isn't resolved. It makes perfect sense that you'd choose to avoid court and head to mediation, collaborative negotiation and arbitration as infinitely preferable alternatives! | Secondly, it's also possible — in fact, it's quite likely — that people in polyamorous relationships intentionally avoid going to court when their relationships come to an end and resolve their differences in other ways. Polyamorous relationships tend to be very complex in terms of the expectations of family members, their arrangements for covering household bills, assigning responsibility for repairs and maintenance, their living arrangements, and their arrangements for the ownership of property. Dragging these issues through court, even in a province with laws friendly to polyamorous relationships, would be an arduous, costly and protracted affair. Especially if the question of how the law — on basic issues like child support, spousal support, and the division of property — applies to polyamorous families isn't resolved. It makes perfect sense that you'd choose to avoid court and head to mediation, collaborative negotiation and arbitration as infinitely preferable alternatives! | ||
Mediation, collaborative negotiation and arbitration are all private processes. There's no laundry to air on the public record, and no obligation to find a resolution by applying the strict letter of the law. Whether you live in British Columbia or not, these are all better processes than litigation. If mediation or collaborative negotiation are successful, the result will be a ''separation agreement'' that everyone will sign; if arbitration is successful, the result will be an ''award'' prepared by the arbitrator. | Mediation, collaborative negotiation and arbitration are all private processes. There's no laundry to air on the public record, and no obligation to find a resolution by applying the strict letter of the law. Whether you live in British Columbia or not, these are all better processes than litigation. If mediation or collaborative negotiation are successful, the result will be a ''separation agreement'' that everyone will sign; if arbitration is successful, the result will be an ''award'' prepared by the arbitrator. | ||