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Difference between revisions of "Family Relationships"
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The first chapter focuses on the different kinds of family relationships recognized by the ''[[Family Law Act]]''. In this first section we take a look at the range of family relationships, and examine how the law impacts on people in these relationships. We also discuss some urban myths about married and unmarried relationships. The other sections in this chapter go into more detail about the legal rights and duties involved in [[Marriage & Married Spouses|married relationships]], [[Unmarried Spouses|unmarried spousal relationships]], and relationships involving [[Other Unmarried Relationships|unmarried people who have had a child but never lived together]]. The final section talks about the claims a child's [[Children's Caregivers and Extended Family|caregivers and extended family members]] can make. Everything in this chapter applies just as much to same sex couples as it does to opposite-sex couples. | The first chapter focuses on the different kinds of family relationships recognized by the ''[[Family Law Act]]''. In this first section we take a look at the range of family relationships, and examine how the law impacts on people in these relationships. We also discuss some urban myths about married and unmarried relationships. The other sections in this chapter go into more detail about the legal rights and duties involved in [[Marriage & Married Spouses|married relationships]], [[Unmarried Spouses|unmarried spousal relationships]], and relationships involving [[Other Unmarried Relationships|unmarried people who have had a child but never lived together]]. The final section talks about the claims a child's [[Children's Caregivers and Extended Family|caregivers and extended family members]] can make. Everything in this chapter applies just as much to same sex couples as it does to opposite-sex couples. | ||
The second chapter addresses the different rights and responsibilities that different | The second chapter addresses the different rights and responsibilities that different married and unmarried couples, that have cohabited for two years or more, have and owe compared to other people. We learn that there is very little difference anymore in the rights and obligations of married persons and those that have cohabited in a marriage-like relationship for two years or more. This chapter also discusses the rights of persons that live together for less than two years, which pertain to children, protection orders, and spousal support if there are children born of the relationship. | ||
The third chapter addresses common misunderstandings regarding married and unmarried relationships while the fourth chapter deals with adoption and assisted reproduction. Additional links and resources are provided in the fifth chapter. | The third chapter addresses common misunderstandings regarding married and unmarried relationships while the fourth chapter deals with adoption and assisted reproduction. Additional links and resources are provided in the fifth chapter. | ||
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Separation is simple: the parties must simply start living "separate and apart" from each other, whether under the same roof or in separate homes. Contrary to popular <span class="noglossary">opinion</span>, you do not need to see a lawyer, sign something, or file some sort of document in court to obtain a separation. You just need to call it quits and tell your spouse that it's over. | Separation is simple: the parties must simply start living "separate and apart" from each other, whether under the same roof or in separate homes. Contrary to popular <span class="noglossary">opinion</span>, you do not need to see a lawyer, sign something, or file some sort of document in court to obtain a separation. You just need to call it quits and tell your spouse that it's over. | ||
For married spouses, separation may signal the breakdown of their emotional relationship but it doesn't end their legal relationship. To do this, one or both spouses must apply to court for a divorce. | For married spouses, separation may signal the breakdown of their emotional relationship, but it doesn't end their legal relationship. To do this, one or both spouses must apply to court for a divorce. | ||
====Divorce==== | ====Divorce==== | ||
Divorce is the legal termination of a valid marriage. To obtain a divorce, one or both spouses must begin a court proceeding asking for a divorce order, and at least one of the spouses must have been ''ordinarily resident'' in British Columbia for | Divorce is the legal termination of a valid marriage. To obtain a divorce, one or both spouses must begin a court proceeding asking for a divorce order, and at least one of the spouses must have been ''ordinarily resident'' in British Columbia for one year before the court proceedings started. | ||
The court will make a divorce order if the married relationship has broken down. Under the federal ''[[Divorce Act]]'', there are three ways to prove marriage breakdown: | The court will make a divorce order if the married relationship has broken down. Under the federal ''[[Divorce Act]]'', there are three ways to prove marriage breakdown: | ||
*the spouses have been separated for at least one year, | |||
*one of the spouses committed adultery, or | |||
*one of the spouses treated the other spouse with such mental or physical cruelty that the relationship cannot continue. | |||
It is possible to oppose an application for a divorce order, although this rarely happens. In general, once one of the grounds for marriage breakdown has been established, the courts will allow the divorce application, regardless of any objections raised by the other spouse. | It is possible to oppose an application for a divorce order, although this rarely happens. In general, once one of the grounds for marriage breakdown has been established, the courts will allow the divorce application, regardless of any objections raised by the other spouse. | ||
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Section 3(1) of the provincial ''[[Family Law Act]]'' defines ''spouse'' as including married spouses as well as: | Section 3(1) of the provincial ''[[Family Law Act]]'' defines ''spouse'' as including married spouses as well as: | ||
*people who have lived in a marriage-like relationship for at least two years, and | |||
*people who have lived in a marriage-like relationship for less than two years and have had a child together. | |||
Unmarried spouses who have lived together for at least two years have all of the same rights and obligations under the ''Family Law Act'' as married spouses. | Unmarried spouses who have lived together for at least two years have all of the same rights and obligations under the ''Family Law Act'' as married spouses. | ||
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==A few surprisingly common misunderstandings== | ==A few surprisingly common misunderstandings== | ||
Certain misconceptions about what marriage, unmarried relationships, separation and divorce involve are fairly common. Part of these misunderstandings, I'm sure, come from television and movies. Others are just urban myths. | Certain misconceptions about what marriage, unmarried relationships, separation, and divorce involve are fairly common. Part of these misunderstandings, I'm sure, come from television and movies. Others are just urban myths. | ||
===Married relationships=== | ===Married relationships=== | ||