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Canadian Family Law

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Family law is the field of law that focuses on family issues. In most cases, these include disputes between separated couples that were in a marriage relationship and those that were in a relationship but unmarried. It is worth noting that family issues may also involve individual that were not necessarily in a long-term relationship. For instance, a couple who has a child but have never dated or gotten into any form of commitments. Note, additionally that family law also applies to the same-sex relationship. Furthermore, Canada has a divided jurisdiction in matters of family law. On one hand, the family matter related to divorce (for marriage couple only) is heard in federal courts through the Divorce Act. On the contrary, other family-related …show more content…
Section 81 of the Family Law Act in British Columbia provides that, both spouses are entitled to the family properties and responsible, equally, for incurred family debt irrespective of their contribution or use. It also provides that upon separation, each of the spouses has a right to an undivided half of all the properties of the family. This case, and the Moge v Moge are the key cases in the development of family law in the much that concerns the division of properties. Another area of interest in the development of family laws affecting the responsibilities of spouses following a separation includes support for spouses. It was notable that forty years ago, as apparent from the Moge v Moge case, when a couple separated, none of them was entitled to support by the other. However, the ruling of the case sets up a precedence that was to be instrumental in defining the legal position on the support of spouses upon …show more content…
While the laws, forty years ago were largely in favor of men and limited the support given to spouses following a breakup of the relationship, current laws seek to bring about more equality for couples. They also seek to ensure that no party in a marriage is disadvantaged by the termination of the relationship. Similarly, the laws have contributed to a consideration for the duration spent by the spouses in the relationship. The changes have been instrumental in enabling the management of the ongoing conflicts between spouses the following separation and helped in settling various disputes on the subject. Equally evident, the laws on sharing of properties following a separation have significantly evolved. While initially the laws heavily favored men, current law has been able to ensure an equitable means of distributing the properties. This indicates that a balance has been struck by the current

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