Family law in British Columbia (BC) is an ever-changing and complex area of law that can be difficult to understand. Over time, many myths or misconceptions have arisen, leading to confusion and misunderstanding. That’s why it’s critical to be aware of these misconceptions and how to debunk them.
No worries, though, because this article will explore the top myths about BC family law and how to debunk them to help clear up some of these misconceptions.
Myth #1: You Must Be Separated for a Full Year Before You Begin a Divorce in British Columbia
Divorce cases have been prevalent in Canada, particularly in British Columbia. And as many couples are deciding to part ways and seek a divorce, the common misconception is that they must be separated for at least one year before filing for divorce. This is because the Divorce Act requires a one-year separation period before either spouse can file for divorce.
Debunking: While there is a one-year separation period for couples seeking a divorce, this only applies to some family law matters in BC. Different rules apply depending on the situation. For example, if a couple has been living apart for more than three years, they may be eligible for a simplified divorce. Additionally, if a couple has been living apart for more than two years, they may be able to file a joint application for divorce without having to wait the full year.
Myth #2: Both Spouses Must Agree to the Divorce before It Can Be Granted
Although some people think divorce is relatively easy because both spouses must agree, this is not the case. In fact, the Canadian Divorce Act states that only one spouse needs to apply for a divorce, and the other spouse does not need to agree or even be notified of the application. The court will still decide on the divorce even if the other spouse does not agree.
Debunking: It is unnecessary for both spouses to agree to the divorce for it to be granted. Only one spouse needs to apply for divorce, and the other spouse does not need to agree to the divorce or even be notified of the application. The court will decide on the divorce regardless of the other spouse’s agreement.
Myth #3: Child Support Is Not Owed in Shared Parenting and Custody Arrangements
The subject of child support is something that most family lawyers are familiar with, especially when handling divorce cases. After all, parents must provide financial support for their children. However, some people mistakenly believe that child support is not due if both parents have shared custody and parenting arrangements.
Debunking: Child support is still owed in shared parenting and custody arrangements. Even if both parents have shared custody and parenting arrangements, one parent is still responsible for providing financial support for their child. The amount of child support owed will depend on each parent’s income and the child’s needs.
Final Thoughts
Family law can be complex, and it is important to be well-informed when navigating these matters. The key to understanding and debunking these myths is to familiarize yourself with the law and seek professional assistance when necessary. Individuals can make more informed decisions regarding their family law case by understanding the truth behind the myths.
Dreyer and Associates Lawyers LLP is committed to helping people with their family law cases in Langley. We ensure that our clients know their rights and obligations and provide them with the information they need to make informed decisions. Consult us today!
