Being well aware of family laws in this era is a necessity. Over time simple marriage vows have been changed too many different versions of problems. Therefore, it is often said- modern problems that need modern solutions.
Our families have been changed from a traditional background to nuclear, same-sex family, live-ins, single parents, child support, co-parenting, alimony etc. For that, our family laws and jurisdictions have been changed into some modifications.
Marriage and divorce were the only concerns of the state and law system back then. But now, different types of family laws have been set in Canada to tackle the current wave of family modifications-
7 Different Types of family laws in Canada
Family Law Act (FLA) has been passed in Alberta, Canada, on October 1, 2005. It mainly covers all family problems except divorce. As mentioned before, many other laws are co-existing with marriage and divorce. Such as annulment, maintenance, marital property, child custody, illegitimacy, modified family laws, etc.
1. Marriage
Marriage has always been the top priority when it comes to family law and state interference. The state provides legal documents that married, and some agreements have been accepted from both of the parties.
Sometimes state doesn’t approve some kinds of marriage; for example, marriage at a young age. Before 18 years old, both bride and groom are not allowed to get married.
Moreover, there are different communities, and previously, same-sex marriage was not allowed (today, gay and lesbian marriages are allowed in Canada). In these cases, the state is bound to interfere.
2. Divorce
Divorce means legally being separated with the permission of the court and both of the spouses’ mutual agreements. In 1968, The Divorce Act was passed. Before that, it was handled by pre-confederation provincial statutes, and in Newfoundland and Quebec, it was controlled by the Private Act of the parliament.
In 1985, there was a correction and some replacements which say that divorce petition can be filed only for the breakdown of marriage such as adultery, domestic violence, or if the couples have been staying apart for one year, etc.
3. Annulment
A marriage can be annulled if one of the parties is underaged, physically or mentally disabled, defective marriage ceremony, etc. it is done to avoid legal dragging and interference.
4. Maintenance
Spousal and child support falls under the provincial act. Usually, a spouse is financially obliged to support his/ her family. After divorce, there can be variation set by law. After separation, the court set the rules whether these financial supports still validated or modified.
Financially able children must help their parents (in old age or mentally or physically disabled). The bottom line is every civilian is obliged to support their dependents.
5. Matrimonial property
Under old Common law and Property Law, the husband had the right to manage and distribute the wife’s property. During the 1890s, married women were given the right to hold the separate property status from their husband. That does not make the marriage less of a priority, with the spouse’s permission, the other one can easily manage the property.
Sooner the matrimonial property separation started creating problems between the spouses, and earlier, the wife had no rights of ownership in the family assets. This was the reason that created the modification, and family property was bound to distributed between husband and wife with some changes.
6. Child custody
There are no set rules of who will get custody after separation. Previously, mothers would get custody. In the case where both of the parents work full time, fathers get the full custody of their child. After the orders, if the winning party cannot provide proper support, then the court can reverse the order. Uncle, aunty, or grandparents can also file for custody or visitation rights.
7. Illegitimacy
Historically, and illegitimate child would be considered as ‘no father-child’, but the rules have been changed, and both of the parents are bound to take custody and support their child.
Previously, the property will only consider the legal children to acquire their parents’ property. But now, the illegitimate child can also share a fair amount of property from their parents. It is called ‘filiation’.
Conclusion
Other couples who are living together are called common-law couples. Usually, after living 2-3 years together, they adhere to the status of sharing property and if any children are involved, then the time is less. These different types of family laws are set to solve the dispute and distribute the same rights and duties to the current and ex-couples.
