The court will grant a divorce if you and your spouse have lived separately for one year (most common ground), you or your spouse had lived in B.C. for the previous year, and you have made
reasonable arrangements for the child (ren), if any.
Not exact matches
It should be noted that a natural father without PR still has certain legal rights in relation to his
child, e.g.: • an automatic right to apply to the court
for certain court orders in respect to his
child • in an emergency, the right to consent to medical treatment
for the
child • if the
child is being looked after by the local authority, the right to have
reasonable contact with his
child and the right
for the local authority to give due consideration to his wishes and feelings in relation to important decisions they make about the
child, including decisions about adoption and contact
arrangements after adoption.
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Children by prior
arrangement
(These safety mechanisms are particularly important
for married parents given that the Divorce Act prohibits the granting of divorce orders unless «
reasonable arrangements,» usually interpreted as payment according to the Guidelines tables, have been made
for the support of the
children.)
• both parents agree, and the judge thinks the
arrangements made
for child support are
reasonable, or
NOTE: If there are dependent
children involved, the Court must be satisfied, in accordance with the Divorce Act, that
reasonable arrangements have been made
for child support.
If you and your spouse have a separation agreement in place and then apply
for divorce, the court will review the
child support arrangements and make sure that the arrangements are reasonable in light of the Child Support Guidel
child support
arrangements and make sure that the
arrangements are
reasonable in light of the
Child Support Guidel
Child Support Guidelines.
Those provisions, even if both parties consent to them, must make
reasonable arrangements for the support of the
child or
children.
Whereas the reasoning in Johnstone requires applicants to make
reasonable efforts to make alternate
arrangements for their childcare needs before an accommodation must be provided by the employer, the Vice-Chair stated that she was «not convinced that the requirement to demonstrate
reasonable efforts to make alternative childcare
arrangements applies in cases like this, where there is only an infrequent, sporadic or unexpected need to miss work to take care of one's
children.»
Petition
for Dissolution of Marriage states that the marriage is irretrievably broken and there is no
reasonable likelihood it can be preserved; the date and location of the marriage; the date the spouses separated; where they live and work; whether there are minor
children and where they reside, and the proposed custody
arrangements.
Choices regarding
reasonable caretaking
arrangements for the
child, including the choice of day care and schools
When the application
for divorce is made, the court will want to see that
reasonable financial
arrangements have been made by the parents during the collaborative process
for the support of the
children.
In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity
for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need
for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits
for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein
for reasonable periods to the spouse having custody of any
children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14)
child custody
arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.