8-Divorce

Business & Family Law, 8-Divorce MARIAGES & DIVORCES 1-Marriage in Canadian Law Go to: https://dialalaw.peopleslawschool.ca/category/courts-crime/crime/ Family law deals with legal issues that impact families. Family breakups, divorce, marriage, adoption, and family violence all fall within this area of law. Learn the basics of family law. What you should know Family law deals with family issues Common family law problems Different rules for different relationships Family law legislation Family law involves two different laws that apply depending on the type of relationship in play. Divorce Act As a federal law, the Divorce Act applies throughout Canada. The Divorce Act only applies to people who are married to each other or who used to be married to each other. Family Law Act The Family Law Act is a BC law that applies to married spouses, unmarried spouses, parents, and a child’s caregivers. Not all of the Family Law Act applies to all of these relationships.  The parts that talk about child support and the care of the child apply to everyone.  The parts that talk about spousal support apply only to married spouses and to unmarried spouses who claim spousal support within two years of the date they separate. 1 | P a g e

Business & Family Law, 8-Divorce  The parts that talk about dividing property and debt only apply to married spouses and to unmarried spouses who have lived together in a marriage-like relationship for at least two years. A comparison This chart shows which law applies to whom and for what purpose: Married spouses Unmarried spouses Parents Child’s caregiver Divorce X Custody ( Divorce Act ) X Access ( Divorce Act ) X Guardianship ( Family Law Act ) X X X X Parental responsibilities and parenting time ( Family Law Act ) X X X X Contact with a child ( Family Law Act ) X X X X Child support ( Divorce Act ) X X Child support ( Family Law Act ) X X X X Spousal support ( Divorce Act ) X X Spousal support ( Family Law Act ) X X Property and debt ( Family Law Act ) X X Protection orders ( Family Law Act ) X X X X Next go to: https://wiki.clicklaw.bc.ca/index.php?title=Introduction_to_Family_Law_(No._114) Introduction to Family Law (No. 114) Family law deals with legal issues that impact families. Family breakups, divorce, getting married, adoption, and family violence all fall within this area of law. Learn the basics of family law . Contents  1 Understand the legal framework 2 | P a g e

Business & Family Law, 8-Divorce o 1.1 Family law deals with family issues o 1.2 Common family law problems o 1.3 Different rules for different relationships o 1.4 Family law legislation  1.4.1 Divorce Act  1.4.2 Family Law Act o 1.5 Resolving family law issues  2 Going to court o 2.1 Key words and phrases in family law  3 Get help o 3.1 With more information Understand the legal framework Family law deals with family issues Often, these issues involve couples that have been in a relationship and have now separated. But family issues can also involve people who have never been in a long- term relationship, like a couple who never dated but have a child together. They can involve people who have never been in a romantic relationship at all, like a grandparent who would like to spend time with or care for a grandchild. In BC, family law applies to people in same-sex relationships exactly as it does to people in opposite-sex relationships. There is no legal difference between heterosexual relationships and gay and lesbian relationships. This information provides an introduction to family law and the courts that deal with family law issues. It also defines some common legal words and phrases used in family law. Common family law problems When a couple separates, they must make many decisions. For example:  Does one spouse need financial support from the other spouse? Can the other spouse afford to pay it, and if so, how much and for how long? 3 | P a g e

Business & Family Law, 8-Divorce  Who will stay in the family home? Can everybody still live together, or does someone need to move out?  How will property be divided? How will debts be shared?  If there are children, where will they live? How will decisions about their care be made? How will the parents share time with the children?  Are the children entitled to ongoing financial support from a parent? If so, which parent should pay child support and what amount? Different rules for different relationships Family law deals with all of these decisions and more. But not all couples need to deal with all these issues. The decisions a couple must make and the law that applies change depending on the type of relationship the couple is in. Family law involves four types of relationship:  Married spouses : Married couples are legally married and require a divorce to end their legal relationship.  Unmarried spouses : Unmarried spouses, also called common-law spouses , have lived together in a “marriage-like relationship” for at least two years. For spousal support claims, it includes people who have lived together for less than two years and have had a child together. Unmarried spouses don’t require a divorce to end their legal relationship. Their relationship ends when they separate.  Parents : Parents have had a child together and can be married spouses, unmarried spouses, in a dating relationship, or not in a relationship with each other at all. Parents can also be people who have had a child by adoption or assisted reproduction, or people who have helped a couple to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother.  Child’s caregivers : People who have a significant role in a child’s life but aren’t the child’s parents. Family law legislation Family law involves two different laws that apply depending on the type of relationship in play. Divorce Act As a federal law, the Divorce Act applies throughout Canada. The Divorce Act only applies to people who are married to each other or who used to be married to each other. 4 | P a g e

Business & Family Law, 8-Divorce Family Law Act The Family Law Act is an Ontario law that applies to married spouses, unmarried spouses, parents, and a child’s caregivers. Not all of the Family Law Act applies to all of these relationships.  The parts that talk about child support and the care of the child apply to everyone.  The parts that talk about spousal support apply only to married spouses and to unmarried spouses who claim spousal support within two years of the date they separate.  The parts that talk about dividing property and debt only apply to married spouses and to unmarried spouses who have lived together in a marriage-like relationship for at least two years. This chart shows which law applies to whom and for what purpose: Married Spouses Unmarried Spouses Parents Child's Caregivers Divorce X Custody ( Divorce Act ) X Access ( Divorce Act ) X Guardianship ( Family Law Act ) X X X X Parental responsibilities and parenting time ( Family Law Act ) X X X X Contact with a child ( Family Law Act ) X X X X Child support ( Divorce Act ) X Child support ( Family Law Act ) X X X X Spousal support ( Divorce Act ) X Spousal support ( Family Law Act ) X X 5 | P a g e