The Marital Rights Given By The Family Law Act Of British Columbia


Posted March 16, 2021 by seatoskylaw

How will the property division be made? If there is no agreement made between the spouses on property division, then the property will be divided equally between them. Anything acquired during the relationship will be equally divided.

 
Being informed about the family law is important while going through a separation so that you know your options well and make the right decision. Discuss the available options with a family law lawyers New Westminster BC. Knowing these facts of family law of BC will also help you to prevent obstructions and inconveniences in the process of separation.

1.Are you entitled to the legal rights of family law? You are entitled to the legal rights of the family law if you are married to a person or if you live in a marriage like relationship with the person for more than two years (which is called common law relationship). The rights for the care of children, child support, spousal support, property division are same for both the cases. The only difference is that the common law relationship does not require a divorce act, they only need family law act for separation, while a married couple need family law act or a divorce act for separation.

2.How much time do you get to spend with your child in co-parenting? In co-parenting where both the parents get 50 percent custody of the child, both get to spend 50 percent of the time with the child. The parent who earns more has to pay for the child support. The ability or inability to pay for child support will not affect the duration of time each parent gets to spend with the child. In case of co-parenting a parent can live apart within 20 miles from each other so that it is convenient for the child to move between two places.

3.Can a parent move with the child? If a parent wants to move with the child, he/she has to serve 60 days notice. The reason for moving has to be based on the child’s best interest and not the parent’s. If the other party has to obstruct, they will have to give a notice 30 days prior, failing which will make the parent free to move. If the notice is served to obstruct them, both the parties will have to go to the court. The court will then give an order based on what is best for the child.

4.Are you entitled for a spousal support? You will be entitled for a spousal support if it is proved that you are being affected financially by the relationship. If your income has reduced or your ability to get more financial support has reduced because of the relationship, you will be entitled for a spousal support.

How will the property division be made? If there is no agreement made between the spouses on property division, then the property will be divided equally between them. Anything acquired during the relationship will be equally divided. If there is a separation agreement then the division will be made accordingly. A separation agreement can be made even after separation. Take help of a family law lawyers in new westminster BC to make sure that you do not end up sharing debts only.

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Issued By Nick Daniel
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Categories Law , Legal
Tags best family lawyer in surrey bc , family law lawyers new westminster bc
Last Updated March 16, 2021