Separation Agreements
Importance of Properly Drafted Family Law Documents
Bill 16 has recently been introduced into the Provincial Legislature which proposes the introduction of the new Family Law Act. One of the dominant features of the new bill is how it changes the “best interests of the child” test in parenting decisions from the paramount consideration to the only consideration. The new Family Law Act created by the Bill could be in force as early as the Fall of 2012. In future entries we will be discussing how this new Act affects the law in British Columbia, and
Wilson v. Fotsch, 2010 BCCA 226: Unjust Enrichment and Reciprocal Benefits
This case involved a common law relationship in which the parties were not married. The husband brought a claim for a declaration of constructive trust for a portion of the wife’s property. The common-law wife appealed from the husband's successful application for a declaration of constructive trust. The parties began cohabiting in 1995 and separated in 2002. At the time the parties began living together, the wife owned a property with her mother, and her 50% interest was valued at $25,000. The wife subsequently purchased her mother's interest and the parties lived in the home.
