Choosing the Right Law
There are two major laws in BC that apply to separating couples: the Family Law Act and the Divorce Act. Your rights and duties as a parent and a spouse are found within these laws. The laws describe how you settle your key issues if you are unable to settle the issues yourselves.
A judge must follow these laws, so it’s important to understand which law to use before you go to court. You will need to choose which law you are basing your legal position on, so the first step will be to get an understanding of which laws you can use. Some people get some orders under the Divorce Act, and others under the Family Law Act. If you aren’t sure which one to use and need more information, consult a legal professional. Refer to Getting Help.
Resources
- For more information on which law to use see Family Law in BC factsheet.
- Laws: Family Law Act, Divorce Act.
Key Takeaway Points
- If you are married, you can use either the Divorce Act or the Family Law Act
- If you are in a common law relationship, you must use the Family Law Act
The Divorce Act
The Divorce Act is a federal law. It only applies to couples who are, or were, married. It deals with:
- divorce
- decision making responsibility
- parenting time and contact
- child support
- spousal support
The Divorce Act was updated in 2021 to be more child centred. The terms “custody” and “access” are no longer used. Instead, a parent may have “parenting time” and “decision making responsibilities” with a child. Other important people who do not have decision making responsibility, may have “contact”. Generally, the law focuses on the rights and best interests of the children rather than the entitlements of the parents.
The Family Law Act
The Family Law Act is a provincial law. It applies to both married and unmarried couples.
It deals with:
- division of property and debt
- guardianship
- parenting arrangements (parenting responsibilities and parenting time)
- contact with a child
- child support
- spousal support
The FLA is a child-centered law that focuses on the best interests of the child when parents separate. Married spouses have the choice whether to have parenting orders under the Divorce Act or the Family Law Act (FLA), but an order for divorce must happen under the Divorce Act. Orders for property division must be made under the FLA. See Divorce to learn more about the divorce process.
Law Summary
| What do you want? | The law to use | |
|---|---|---|
| Family Law Act | Divorce Act | |
| Divorce | No | Yes |
| Care of children | Yes (called guardianship and | Yes (called decision making responsibility) |
| Time with children | Yes (called parenting time or contact with child) | Yes (called parenting time or contact) |
| Child support | Yes | Yes |
| Spousal support | Yes | Yes |
| Division of property and debt | Yes | No |
| Protection orders | Yes | No |
Lawyer’s Tips
Pay careful attention to the terms you use. The words used in the Divorce Act are different from the words used in the Family Law Act.
For example, “decision making responsibility” is used in the Divorce Act. “Guardianship” is used in the Family Law Act.
Legal Rights
Knowing the law will help you have confidence in your position on the key issues and will help you build your legal case. This, in turn, will help you resolve your family issues more quickly and effectively.
Key legal issues:
- Care of the Children: You’ll want to know the laws around how you are to divide your time and responsibilities as a parent.
- Child Support: There are legal requirements regarding your obligations to financially support your children. The laws set out how to calculate this support
- Spousal Support: Knowing the laws about spousal support will help you determine whether you are entitled to receive support or responsible for paying it.
- Property Division: Your legal entitlement to family property and responsibility for family debt is important to know when determining how you will divide your things.
