New Random Answers to Random Search Terms

I haven't done a Random Answers post for awhile, but this week's search terms were inspiring. Click on the tag at the end of this article to read older posts.

Separation

>> remarrying after common law separation

Go right ahead and get married. Common-law couples aren't legally married, and you don't need to get a divorce before entering into a new long term relationship or getting married.

Separation Agreements

>> who can witness the signing of a separation agreement

Anyone who is 19 or older and sane, and not the other party to the agreement.

>> how many copies of the separation agreement are required in bc

Only one original copy is absolutely necessary, however it's sometimes helpful to have additional copies in case you need to file the agreement in court for enforcement purposes. Normally, each party would have one original copy and each lawyer would have one original copy, for a total of four copies. I usually make an extra original copy so that I can file one in court and still have an original copy for my records, making a total of five copies.

>> difference between separation agreement and divorce

A separation agreement is a contract recording the settlement of the issues arising when a relationship breaks down. A divorce is a court order legally terminating a marriage. You must get an order to be divorced, you can't be divorced by a separation agreement.

Divorce

>> why is there a 31 day waiting period in a divorce case

This search term is about the 31 delay between the date the court makes a divorce order and the date the divorce order takes effect. The delay is required in order to allow the appeal period to expire before the couple are actually divorced. If there is an urgent reason for the divorce to take effect earlier than the end of the appeal period, the court making the divorce order can specify that it will take effect sooner. The court may require both spouses to execute Certificates of No Appeal.

>> does having sex with the person you just divorced make the divorce void

Nope. Go for it.

Litigation

>> what happens if you respond late to a family claim in bc supreme court

In theory, someone who doesn't reply to a Notice of Family Claim within the 30 day period prescribed by Rule 4-3(1) of the Supreme Court Family Rules is not a "respondent" as defined by Rule 1-1(1) and isn't entitled to notice of any further step in the case, including the trial. Although this sounds pretty Draconian, the court will allow a respondent to file a Response to Family Claim late and will usually allow an application to set aside a default judgment as long as the respondent had a good reason for not responding.

>> can judges make rulings at provincial court case conference

Yes. Under Rule 7(4) of the Provincial Court (Family) Rules, the judge hearing a Family Case Conference can (b) decide any issues that do not require evidence, (f) make an order to which all of the parties consent and (n) make any other order or give any direction that the judge considers appropriate. The court will not usually make any orders except procedural orders without the parties' agreement.

>> can a cpl be registered in bc provincial court

No, but they can't be registered in the Supreme Court either. Certificates of Pending Litigation are registered with the BC Land Title and Survey Authority.

Read More

New Random Answers to Random Search Terms

I am able to review the search terms that lead people to my website. Every now and then, a search term is particularly unusual or suggests an answer that doesn't, and perhaps shouldn't, appear in the website. In this irregular feature, I will randomly reply to these search terms. New Random Answers will reappear at unpredictable intervals.

These search terms are all about marriage and divorce.

(Remember, the law that's being applied here is the law of British Columbia, Canada, and the laws of one jurisdiction are often very different from the laws of the next.)

>> consequences of getting remarried without getting divorced

This one's easy enough: your new marriage won't be valid.

Without a divorce, any other marriage is technically bigamous under the Criminal Code yet also void under the common law.

>> how many years after separation are you considered divorced

Never. Until you get that divorce order you're still married. No marriage is over until a court has made a divorce order, no matter how much time has passed since the spouses separated.

>> is it ungodly to attend a person's third marriage

I don't normally pronounce on religious issues, but this search term was too hard to pass up. If it is ungodly, perhaps you need to find a new religion if you're really prepared to put your religious scruples above your loyalty to a friend and a celebration of his or her happiness.

>> use of the divorce act for common law relationships canada

Also easy: none.

The federal Divorce Act only applies to people who are married to each other or who used to be married to each other. Unmarried couples, including couples who qualify as common-law, only have the provincial Family Relations Act and a few other laws to rely on in resolving the issues arising from their separation.

>> common law marriage divorce needed to end relationship

Common-law couples are not married; there is no such thing as a common-law marriage.

All "common-law" status means is that a couple qualify as "spouses" within the meaning of a particular law. Some laws, like the Family Relations Act and many other provincial laws, define a spouse as someone who is married or someone who has lived in a "marriage-like relationship" with another person for at least two years. Other laws have different definitions of spouse. Most federal laws, for example, only require that the couple have lived together for one year, while laws about welfare eligibility require an even briefer period of cohabitation.

Since common-law couples aren't married, there's no need for them to get a divorce to formally end their relationships. A common-law relationship is over when the couple separates. There's no magic to it, nor any need for a court order.

Read More

New Random Answers to Random Search Terms

I am able to review the search terms that lead people to my website. Every now and then, a search term is particularly unusual or suggests an answer that doesn't, and perhaps shouldn't, appear in the website. In this irregular feature, I will randomly reply to these search terms. New Random Answers will reappear at unpredictable intervals.

(Remember, the law that's being applied here is the law of British Columbia, Canada, and the laws of one jurisdiction are often very different from the laws of the next.)

>> is it adultery if you are separated

>> I have been charged with adultery now what BC law

>> dating allowed during marriage separation

These are among the most common search terms that lead people to my website. Lots of people, it appears, are worried about the legal status of their marriage and the consequences of new relationships.

Let's get one thing straight right off the bat. Adultery is not a criminal offence in Canada, and it's nothing you can be criminally "charged" for. What this user probably means is that his or her spouse claimed adultery as a ground of divorce in a divorce action. All right, so what does that mean?

Under the federal Divorce Act, there are three reasons why the court can make a divorce order: the couple have been separated for more than one year, one of spouses has committed adultery, or one spouse has treated the other with such cruelty that the marriage can't continue. Our system of divorce is also "no fault," which means that the reason for the divorce claim has no impact on how the court will deal with a support claim, the division of assets or the children's parenting arrangements. In other words, the reason for the divorce should have no impact on how the divorce unfolds, whether that reason is adultery or something else.

The definition of adultery is pretty broad. Essentially, it means having sex with someone other than your spouse, providing your spouse hasn't forgiven you for it. Technically, a new relationship after separation could count as adultery, but in general most people will claim a divorce for the reason that caused their separation nor for whatever may have happened after they separated.

Yes, it is technically adultery after you've separated, but so what? Since the court isn't allowed to handle your divorce any differently whether the divorce is based on separation or adultery, there shouldn't be any negative consequences in your divorce action, and adultery certainly doesn't attract any criminal sanctions. As a result, yes, dating is allowed after separation.

Read More

Best of Random Answers

And now, more of my personal favourites from "Random Answers to Random Search Terms."

>> divorce for lack of sex

Unfortunately for some, a lack of sex in a marriage isn't a ground of divorce under the Divorce Act. If might be a reason for a divorce, but it's not a legal ground to end a marriage.

A lot of people think a marriage can be annulled because the marriage wasn't consummated. Not so. The case law on this subject says that simply not having had sex is not enough... one of the spouses must actually be unable to have sex, either because of a physical condition or a psychological condition.

Now, whether the marriage was consummated or not, or it's simply a matter of the couple's love life drying up, you can still get a divorce, if that's what you think would help. The Divorce Act recognizes three grounds of divorce:

1. separation for a period of not less than one year;
2. one party's adultery during the marriage; and,
3. mental or physical cruelty inflicted on one spouse by the other.

If a lack of sex has ended your marriage, then what you're probably looking for is a divorce based on separation, and that means you'll have to announce to your spouse that things are over and wait for a year to pass. In a case like this, the lack of sex might be the reason why the marriage has broken down, but the legal ground of divorce will be separation.

>> deducting clothes from child support

Short answer: no.

A person paying child support is not entitled to make deductions from the amount of support paid to account for the expenses the payor incurs on behalf of a child. The only expenses both parents must contribute to are expenses that qualify as "special expenses" within the meaning of s. 7 of the Child Support Guidelines, and those expenses are paid on top of the base amount of child support.

>> canada law bastard children

Illegitimate children, that is, children born of unmarried parents, used be at a disadvantage under the law. They had no right to use their fathers' names, they had no right of inheritance, and the father had no duty to support them. Not anymore.

Today in British Columbia, and indeed for the last several decades, there is no difference in status between children born of married parents and children born of unmarried children. None. Regardless of the circumstances of their birth, all children have the same right to support and use the name they chose. By the same token, the rights and obligations a parent has toward his or her child has nothing to do at all with the nature of the relationship he or she had with the other parent.

I'll post more favourites from the past and new Random Answers at irregular and unpredictable intervals.

Read More

New Random Answers to Random Search Terms

I am able to review the search terms that lead people to my website. Every now and then, a search term is particularly unusual or suggests an answer that doesn't, and perhaps shouldn't, appear in the website. In this irregular feature, I will randomly reply to these search terms. New Random Answers will reappear at unpredictable intervals.

(Remember, the law that's being applied here is the law of British Columbia, Canada, and the laws of one jurisdiction are often very different from the laws of the next.)

>> paying for university after separation

>> child support college special expenses

>> do I still pay child support if the child is at university in another town

These questions all deal with one of the more difficult issues in family law, the payment of child support and special expenses for adult children who are studying at university or college.

The law behind this issue is simple. The Divorce Act and the Family Relations Act say that child support is payable for all kids under the age of majority, and for kids older than the age of majority of they are "unable to withdraw from the charge" of their parents. "Unable to withdraw" usually means that the child is unable to support him- or herself because of illness or disability, or because the child is engaged in post-secondary studies.

On top of the base payment of child support, parents are often also required to pay towards the cost of the children's "special and/or extraordinary expenses." Where an expense qualifies as a special expense under s. 7 of the Child Support Guidelines, both parents must contribute to paying the expense, and they contribute in proportion to their incomes. University and college costs almost always qualify as a special expense.

Here's where it can get a bit complicated.

Child Support

Normally, the table amount of child support is what gets paid for the support of an adult child.

Despite this, the court has the discretion to order that a different amount of child support should be paid, under s. 3(2)(b) of the Child Support Guidelines, if there is some objective reason why a different amount should be paid. In Hickman v. Hickman (2003 BCSC 116), the court talked about this issue at length and said that good objective reasons might include income from things like RESPs, scholarships, student loans, trust funds or inheritances, or disability payments. Whether the court will allow an exception to the tables will always depend on the circumstances of the case.

The person who receives the child support payments is usually the same person who has received them all along, the other parent. This can sometimes seem unfair, especially when the child is going to school in another city and lives in that city.

It is possible for a parent to pay child support directly to an adult child. This usally happens where the parents agree such an arrangement is appropriate; the court rarely makes orders to this effect. In general, the court will require that child support be paid to a parent as long as that parent maintains a room in his or her home for the child and the child stays there from time to time during school holidays.

Special Expenses

There are two conflicting lines of cases on the circumstances in which parents must pay the costs of post-secondary education and which costs the parents must cover.

The strict line of cases say this: post-secondary expenses should only be paid if the child is enrolled in a full-time course of study, and even then the course of study must be targetted to employment (unlike philosophy, for example my undergraduate focus).

The less uptight line of cases make post-secondary expenses payable whenever the child is enrolled in post-secondary studies, regardless of what the child is studying. Under these cases, children can drop out and return to school, or take a part-time course load or switch majors every year, and still have their expenses covered.

The costs that qualify as special expenses under the strict line of cases are limited to tuition fees, student fees and textbook costs. Other expenses may qualify under the less uptight line of cases, including for things such as residence, meal plans and the like.

The amount of the special expenses which the parents must contribute to is the net cost of these expenses, after all contributions from other sources have been applied to reduce the over all cost, such as student loans, scholarships, bursaries, fellowships, awards, grants and the like. Under the strict line of cases, children have been required to contribute earnings from their summer employment to these costs, obtain student loans, and provide proof that all available scholarships and grants have been applied for.

Additional information about child support and children's expenses, including a child support calculator and a special expenses calculator, can be found at www.bcfamilylawresource.com.

Read More

Best of Random Answers

Long-term users of my website will recall the surprisingly popular feature "Random Answers to Random Search Terms" which disappeared during the website's recent renovations. Random Answers had it origins in the odd, and sometimes downright bizarre, search terms which somehow managed to find my website and raised questions that I sometimes decided to answer. Here are a selection of some of my personal favourites.

Read More