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Read Family Law 101 for an easy introduction to family and divorce law in BC.
This website, Canada's largest and most complete source of free information about family and divorce law, is maintained by a lawyer as a public service and offers up to date information about the law and the legal system in BC. If you're not sure where to find something from the menus, check the Site Map & Index or browse through the site overview below. The author does not accept clients from this website; it is a purely not-for-profit public legal education project. If you're looking to hire someone, the websites of a number of BC family law lawyers and law firms are available in the Resources & Links section. Please read these important legal notices about the use of this website. Media members, please see our Press Kit. Site Overview The Legal System provides a general introduction to the fundamentals of our legal system and a practical how-to guide to the court system. It discusses: the structure of the courts; the sources of the law (including the common law and statute law); your relationship with your lawyer and how to hire and fire a lawyer; how to start and defend a law suit; and, how to start and defend an interim application. Alternatives to Court surveys a number of ways to resolve your dispute without having to go to court, including separation agreeements, mediation, arbitration and collaborative law. Children deals with the most important legal issues about the care and control of children after a relationship ends, including tips on parenting after separation, the general rules about custody, guardianship and access, and how to make changes to court orders dealing with these issues. It also covers the interests and rights that grandparents and other non-parents might have to a child. Child Support discusses the basic rules about child support and children's special expenses, the Child Support Guidelines and exceptions to the Guidelines, how to make changes to an order for child support, how to enforce the payment of support and what to do if you're in arrears of support. This section also has a handy child support calculator. Spousal Support discusses the basic rules about spousal support, the different kinds of spousal support orders the court can make, how to make changes to an order for spousal support, how to enforce the payment of support and what to do if you're in arrears of support. This section also discusses the draft Spousal Support Advisory Guidelines and provides a calculator for the two main formulae the Advisory Guidelines describe. Family Assets covers the basic rules about the division of family assets and how different kinds of assets are dealt with by the courts, like the family home, RRSPs, pensions and so forth. This section also reviews how you can protect your assets in the course of a divorce or separation, and discusses how assets are determined to be shareable "family assets" as opposed the sort of assets that don't usually qualify as family assets, such as business assets and inheritances. Family Agreements deals with the basic rules about cohabitation agreements ("living together" agreements), marriage agreements (prenuptial agreements) and separation agreements. It also discusses how to make changes to family agreements and how agreements can be enforced. Marriage & Divorce reviews the fundamentals of valid and invalid marriages, the basics of separation and things to keep in mind when separating, and the rules about divorce. This section also includes a brief overview of the desk-order divorce process and provides samples of the court forms used in that process. Same-Sex Couples discusses how family law can apply to gays and lesbians in romantic relationships, including adoption, children and child support, spousal support, the division of assets, and the rules relating to marriage and divorce. Unmarried Couples deals with how family law issues can apply to couples who aren't married, including people in common-law relationships and people who hardly had a relationship at all. It also discusses what a common-law relationship means, how a couple qualify as a common-law couple, and how common-law relationships end. Other Family Law Issues discusses a wide range of other issues, including: adoption; Wills and estates; parental support; naming children and changes of name on divorce; enforcing orders and agreements; paternity issues; special considerations in family law and divorce law for aboriginal people; and, issues concerning family violence and how violence can impact on a family law dispute. Breaking News contains summaries of the latest developments in the news, case law, statute law and government policies relating to family law and divorce law. Check this section frequently as updates are often posted here before they are incorporated into the rest of this site. The News Archives has a collection of news items dating back to December 2001. Resources Overview Site Map & Index features a detailed and cross-referenced index to all of the topics covered in this website, a clickable graphic map of the main sections and chapters of this site, a table of the cases discussed in this site, a table of the sample documents and court forms available in this site, and a site search engine powered by Google. If you're not sure where to find something, look here first. Legislation contains a summary of the most important laws dealing with family law and divorce law issues, including the Family Relations Act, the Divorce Act and other legislation. Resources & Links contains a comprehensive listing of off- and on-line resources related to family law and divorce law, including lawyers' reference books, links to the federal and provincial legislation, government ministries and agencies, online resources, social and pro bono legal organizations, lawyers' websites and lawyer listing services, and much more. Definitions has plain-language definitions for more than 400 common and not-so-common legal words and phrases, from the meaning of "ab initio" to the legal definition of "youth." These definitions offer a significantly expanded version of the pop-up definitions available throughout this site. How do I ? answers common questions about family law, divorce law and the court process, and covers a wide range of topics including preparing for separation, addressing the court, drafting an affidavit, and becoming a lawyer. Site Navigation
The Legal System ·
Alternatives to Court · Children · Child Support · Spousal Support Resources Menu
Site Map & Index · Legislation · Resources & Links · Definitions · Feedback Please ensure you take the time to read these important legal notices. |
Random Search Terms
The author replies to the unusual search terms that lead people to this website. >> Click here to browse.
New Features
Family Assets > Dividing Assets now features a handy property division guesstimator. >> Click here to use.
The Legal System > Starting an Action now features a guesstimator for the legal fees necessary to run a trial. >> Click here to use.
Top News Items
Government releases first set of papers on reform of Family Relations Act for comment.
>> Click here to read.
Law Society Benchers vote to fund pro bono initiatives from BC lawyers' membership fees
>> Click here to read.
Help Wanted
The author seeks the help of a javascript programmer to refine and expand this site's spousal support calculators. If you can donate your time to this project, please contact the author through the Feedback section.