Living Together Or Living Apart - LSS

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Living Togetheror Living ApartCommon-law relationships,marriage, separation,and divorceJanuary 2021

2021 Legal Services Society, BCEighth edition: 2021First edition: 2007ISSN 1925-8860 (Print)ISSN 1925-8879 (Online)AcknowledgementsPublished on the traditional unceded territory of theCoast Salish peoples, including the territories of thexʷməθkʷəy̓ əm (Musqueam), Sḵwx̱ wú7mesh (Squamish),and səl̓ ílwətaʔɬ/Selilwitulh (Tsleil Waututh) Nations.Editors: Bridget Greenwood and Wendy BarronDesigner: Shelley JohnstoneDevelopment coordinator: Adam FraserIllustrator: Ben FreyLegal reviewers: Manjeet Chana and Shelina NeallaniLegal reviewer (Aboriginal content): Katrina HarryThanks to those Legal Aid BC staff and contractors whoreviewed this booklet and provided suggestions. Thanksalso to all those who participated in user testing ofthe booklet.This booklet may not be commercially reproduced, butcopying for other purposes, with credit, is encouraged.Living Together or Living Apart is published by Legal AidBC (LABC), a non-profit organization that provides legalaid to British Columbians. LABC is separate from the BCgovernment, its primary funder. It also receives grants fromthe Law Foundation and the Notary Foundation (of BC).This booklet explains the law in general. It isn’tintended to give you legal advice on your particularproblem. Because each person’s case is different,you may need to get legal help. The information inthis booklet is up to date as of January 2021.See the back cover for how to get free copies ofthis booklet.

iContentsTypes of Relationships1Who’s a spouse1Which laws apply4Living Together — Making Agreements5When can you make an agreement?5Do you need an agreement while youlive together?6Sharing information before makingan agreement7What an agreement before or whileyou live together can cover7How to make an agreement10An agreement after separating12Living Apart — Separation13How to separate13How to avoid going to court14How to reach a separation agreement15How to make your agreement legally binding18How to enforce your agreement18How to change or cancel an agreement18

ii If You Have Children22BC Family Law Act terms about parenting22Divorce Act terms about parenting25Parents’ responsibilities and children’s rights26Parenting apart28Child protection29Best interests of the child30Concerns about parenting time or contact34Child support36Settling Other Money Matters43Spousal support43Property and debt47Benefits54Financial help54Taking care of other details56If You Can’t Agree —Going to Court57Final order61Family law protection order62

iiiDivorce — Ending the Marriage67How to get a divorce67The divorce process68Uncontested divorce69Contested divorce69How to apply for an uncontested divorce70If You’re an Immigrant73If you’re a permanent resident73If you aren’t a permanent resident75Where to Get More Legal Help77Legal information77Help to make an agreement83Help from a lawyer85Other free legal services87Glossary89

iv If you’re in immediate danger, call:911, police if you’re in immediate danger or if you’ve beenhurt. If your area doesn’t have a 911 service, call your localemergency police or RCMP. If you don’t speak English, ask911 for an interpreter.1-800-563-0808, VictimLinkBC (24 hours a day, 7 days aweek) for support services in many languages and to find atransition house. Transition houses, sometimes called safehouses or shelters, are places where you can go if you’re indanger. Transition houses offer their services for free.211 to get information from BC211 about support services inyour community. BC211 is available in Metro Vancouver, theFraser Valley, and Squamish-Lillooet.Once you’re safeTalk to a lawyer. You might want to get a protection order ifyou’re afraid for your safety or your children’s safety and want tokeep your partner away. If you can’t pay for a lawyer, you mightqualify to get a legal aid lawyer to take your case. When youapply to Legal Aid BC, say you’re leaving an abusive partner.See page 86 for how to apply for legal aid.Get free help from family duty counsel. If you don’t qualifyfor your own legal aid lawyer, you might get some help fromfamily duty counsel. Duty counsel are lawyers who providelimited free help to people with low incomes who have familylaw problems. Duty counsel can’t take on your whole case, butcan give you some help with your family law problem.See page 85 for contact information.

vGet free legal information. Legal Aid BC publishes freebooklets and fact sheets on family law matters.See the last pages of this booklet for more information.Read these booklets online at legalaid.bc.ca/read. See theback cover of this booklet for how to get free copies.See the MyLawBC website at mylawbc.com. This websitehas three guided pathways and online negotiation and mediationservices for people going through a separation or divorce.a separation plan pathway helps you figure out Makethe best way for you and your spouse to work throughand make a plan for your separation or divorce.a family order pathway helps you figure out which Getcourt to use and helps you with court orders.been served with a court document pathway I’vehelps you figure out what to do next if you’ve beenserved (given) court documents.Family Resolution Centre helps you make Theparenting arrangements together with the help of aprofessional mediator, at no cost to you.See the Family Law in BC website at family.legalaid.bc.ca.This website has step-by-step guides to legal processes,information pages, illustrated stories, videos, and other ways tohelp you learn about and settle family law issues, including: divorce, guardianship, decision-making responsibility and parenting time, parenting arrangements and contact, and child support and spousal support.Talk to a legal information outreach worker. Legal Aid BCstaff in Vancouver and Terrace can help you find legal informationand support services for your family law case.See page 86 for contact information.

vi About this bookletThis booklet explains the basics of family law in BC. It includesinformation about: types of relationships, what to do if you decide to separate,to work out agreements either before or after you howseparate,to work out parenting arrangements and child support howif you have children, how to sort out other money matters, what happens if you go to court, how to get a divorce,concerns if you’re a newcomer (immigrant) to specificCanada, and where to get legal help.The information applies to non-Aboriginal families and Aboriginalfamilies in BC.Family law can be complicated. But with the right information andhelp, you can solve many issues on your own without going to court.This booklet explains your options and where you can go for help.Finding out your options is a positive first step. Many free andlow-cost legal services are listed at the end of this booklet to helpyou decide what to do.

viiWords in bold type are explained in the text or inthe Glossary on page 89.Aboriginal/IndigenouspeopleIn this booklet we use the word Aboriginal,which includes: status Indians (also known as First Nations), non-status Indians, Métis, Inuit, andwho identifies as Aboriginal (if you anyonethink of yourself as Aboriginal).

viii What you need to knowLiving Together or Living ApartBEFORE YOU BEGINWho’s aspouseWhich lawsapplyWhich courtto go topage1Page XpageXX4Pagepage63Page XXISSUES TO CONSIDERChildrenSupportPropertyand debtpage XX22Pagepage36,PageXX43page XX47PageAgreementsCourt ordersMade by both spouseswhen you can agreeMade by the courtpage 5,X13Chapters Xpage 57XChapter

1Types of RelationshipsCommon-law relationship is the term many people use todescribe unmarried couples who live together in a marriage-likerelationship. But it’s not a term used in the Family Law Act or theDivorce Act. These laws just call them spouses.Who’s a spouseUnder BC law, you’re a spouse if you: marry another person, orwith someone in a marriage-like relationship for at least livetwo years, orlived with someone for less than two years and have a havechild together. In this case, you aren’t considered a spousewhen it comes to property, debt, or pensions.This means couples who lived together for more than two yearshave the same rights and responsibilities as married couples.Spouses can be in same-sex or opposite-sex relationships.

2Types of RelationshipsMarried spouseYou had a legal marriage ceremony(religious or civil). You stay married untilone spouse dies or until a divorce orannulment legally ends your marriage.Unmarried spouseIf you lived together in a marriage-likerelationship for two years or moreIf you lived in a common-lawrelationship for less than two yearsand have a child togetherBC family law says you and your partnerare spouses in all areas of family law,including dividing property and pensions,and spousal support. Many peoplecall this a common-law relationship.Marriage-like relationship is the termused in the law. In this booklet, we’ll callthis a common-law relationship or livingcommon-law.BC family law says you and your partnerare spouses in the areas of parenting,child support, and spousal support, butnot for dividing property and pensions.Laws about parenting arrangementsand child support apply to allparents no matter what their livingarrangements have been.

Types of RelationshipsMore about spouses Unmarried spouses who live together never automatically become legally married.some federal laws, such as for Old Age Security pension and the spouse’s UnderAllowance, you’re treated as a spouse if you live with your partner for one yearor more.married people separate and then decide to live with someone else (even Somethough they’re not divorced). Under BC family law, if you live with your new partnerin a common-law relationship for at least two years, you’re considered spouses withyour new partner — even if you’re still legally married to someone else.3

4Types of RelationshipsWhich laws applyThe two laws you may need to know about are the provincialFamily Law Act and the federal Divorce Act.BC Family Law ActDivorce ActApplies if you’remarried/unmarriedApplies only if you’remarriedGuardianshipProperty anddebt divisionParentingDivorceSupportFamily LawProtection OrdersThe two courts in BC that can make court orders about family lawmatters are the Provincial Court and BC Supreme Court.The chart on page 63 explains which court you go to if youwant a judge to make an order about a family law issue.

5Living Together —Making AgreementsSometimes you can prevent conflict about your property,savings, and debts if your relationship breaks up by making awritten agreement with your spouse before or while you livetogether. These are usually called cohabitation, marriage, orprenuptial agreements.An agreement is legally binding when you sign it, so it isimportant to consider whether you need one It’s a good ideato get legal advice about your situation if you can.When can you make an agreement?You can make an agreement: before you start to live together or get married, any time while you live together or during your marriage, andyou separate. This agreement is usually called a afterseparation agreement.See page 13 for more about separation agreements

6Living Together — Making AgreementsDo you need an agreement while youlive together?Before deciding whether you need a written agreement while youlive together, consider what the law says and whether you want toagree to something different. It’s really important to get legal advice.The Family Law Act supports the idea of an economic partnershipand recognizes different roles and contributions of partners,including non-financial contributions, if people separate. Manypeople are comfortable with this law applying to their situation ifthey separate and don’t write an agreement while they live together.The law tries to balance supporting healthy relationships byrecognizing economic partnerships and obligations to each other,while recognizing what you each brought into the relationship.Make sure you’re clear about what property each of you broughtto your relationship.If you don’t own much or don’t have any large debts, you might notneed an agreement.It might be helpful to have an agreement while you live together if:of you has a lot more assets or debts than the other Oneone. For example, if one of you owns property or has alarge amount of savings, got an inheritance, or has a hugestudent loan. You’re older and close to retirement. You have significantly different incomes.have children from another relationship (including Youadult children who you want to provide for in the future).It’s important to remember that an agreement you make whileliving together can’t restrict any future support arrangements. Anagreement could be set aside (cancelled) by the court if it’s foundto be unfair.

Living Together — Making AgreementsSharing information before makingan agreementBefore you make an agreement, you and your spouse must share allthe important information you need to make a fair agreement. Thisincludes financial information such as income tax returns and bankstatements. The law says you must give your spouse “full and trueinformation for the purposes of resolving a family law dispute.” Thisapplies to any agreement you make while you’re living together andseparation agreements you make after you separate. If you holdback information, a court could set aside (cancel) your agreement.What an agreement before or while youlive together can coverYour cohabitation, prenuptial, or marriage agreement can be aboutwhat happens while you live together and what happens if youseparate. However, you can only make agreements about yourchildren after you separate. The courts will not accept an agreementthat limits spousal support or child support.» Dividing family property, assets, and debtsIt can be hard to talk about finances, and money is often ahuge source of conflict in relat

Living Together or Living Apart is published by Legal Aid BC (LABC), a non-profit organization that provides legal aid to British Columbians. LABC is separate from the BC government, its primary funder. It also receives grants from the Law Foundation and the Notary Foundation (of BC). This booklet explains the law in general. It isn’t