2017 Bi-Monthly Update Series: May/June

To keep you informed, here are some highlights of changes and updates made to Clicklaw in May and June:

Jan-Feb | Mar-Apr | May-Jun | Jul-Aug | Sep-Oct | Nov-Dec


Indigenous Law Research Unit (ILRU)

ILRU is committed to the recovery and renaissance of Indigenous laws. The following resources build awareness of Indigenous laws:

Legal Services Society

Legal Help for British Columbians
by Courthouse Libraries BC

All chapters have been recently reviewed and updated by a team of reviewers and contributors, all volunteers from the BC legal profession. This guide provides first steps to address over 40 common legal problems and information on where to get help. Published on Clicklaw Wikibooks, it is available in multiple media formats: wikibook, EPUB (for reading on a tablet or e-reader), PDF (print version), and printed books (will be available soon at public libraries across BC).

RDSP Tutorial
by PLAN Institute

This online tutorial helps you learn about Canada’s Registered Disability Savings Plan. You can navigate through the chapters at your own pace or go directly to a specific question from the list on the homepage.

Standardized wording for Bail, Probation and Conditional Sentence Orders
by Provincial Court of BC

This resource has a list of picklists, which are lists of standardized terms for court orders. They are stored in courtroom computers so a Court Clerk can use them to quickly and accurately capture the order a judge makes. When a judge decides to change the standard wording, a Court Clerk can edit the term accordingly.

Trans Rights BC
by Catherine White Holman Centre and the VCH Transgender Health Information Program

This website is part of a project that aims to disseminate human rights information that is accurate, accessible, and relevant to the safety and well-being of trans and gender-diverse individuals and their supportive allies across British Columbia.

Oversight at the Border: A Model for Independent Accountability at the Canada Border Services Agency
by BC Civil Liberties Association (BCCLA)

In this new report, BCCLA proposes a model for providing independent oversight and accountability to Canada Border Services Agency (CBSA). It also includes detailed recommendations on the components necessary to ensure effective, credible oversight and review of CBSA’s activities.

New Common Questions

With help from BC FIPA, we have added the following questions:

Updated common question: Is marijuana legal in BC?

Now includes the following resources from the federal government:

Stay informed:

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Moving in together, “Common-Law Relationships” and Unmarried Spouses in BC

Are we or aren’t we?

0_censusThis past year, your household would have received some form of the 2016 Census, which included a question that could stump a few people: Are you married? Do you have a common-law partner?

The Statistics Canada website defines Common-Law Partner as “persons who are members of an opposite-sex or same-sex couple living common law. A couple living common law is one in which the members are not legally married to each other but live together as a couple in the same dwelling.”

“Common-law partner” is the term used federally (Canada-wide) to mean a marriage-like relationship that has lasted for two years, just one year or even less, depending on what law applies.

In BC, our provincial family laws use the term “spouse” or “unmarried spouse” to refer to an unmarried couple who has lived together in a “marriage-like relationship” for at least two years, or less than that if they have had a child together. There is no such thing as a “common-law spouse” or “common-law marriage” in BC. However, there are still certain consequences of being an “unmarried spouse”. See Unmarried Spouses.

What should I know about before moving in with my partner?

keys-525732_1280In BC, If you have lived together in a “marriage-type relationship” for two years (with some variability), these are some important consequences to know about:

  • the debts either of you incurred while you were living together are considered “family debt”, which means that when you break up, the responsibility for this debt may be divided equally between you. Read more about this at: How to divide property and debts, Property & Debt in Family Matters;
  • if you buy property together during your relationship, regardless of who paid the downpayment, you could equally share it and equally share the increase in value of property you had before the relationship, which can even apply to the increase in value of “excluded property” like gifts and inheritances;
  • the courts will treat you like a married couple when determining spousal support. See Spousal Support;
  • you may be considered spouses for the purpose of social assistance and other benefits* (which may negatively or positively affect your eligibility). See Thinking of moving in together?;
  • it may affect your partner’s right to “contest” your will. See What Happens When Your Spouse Dies.

I’m already living with my partner. Is there anything I could do?

I want legal advice and/or more information on my situation. Where can I get it?

If you are low income and have questions on family law matters, the Family LawLine can provide more information and help.

To find legal advice and other help on family law issues, see Helpmap results for “family law” and “legal advice” here. It includes services like the CBABC’s Lawyer Referral Service, which connects you with a lawyer who will offer an initial 30-minute consultation for a nominal fee of $25 plus taxes.

This post didn’t cover everything. Read more about this topic:

For example, we weren’t able to discuss situations where an unmarried couple have had a child together. That would have made this post very long indeed! Read the resources linked throughout this post for more information. Another great resource to consult is: Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce

Past posts on Family Law from the Clicklaw Blog:


STAY INFORMED:

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