When the Family Law Act came into force it introduced an excluded property regime to British Columbia’s family law. Specifically, section 85 of the Family
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Are you married to your spouse, or do you live in a common law relationship? In British Columbia, the answer to that question largely determines the property rights and financial rights of parties when their relationship breaks down. For married spouses, comprehensive statutes such as the federal Divorce Act and the provincial Family Relations Actprovide the starting point for division of property and other issues.
The Family Law Act (the “Act”) comes into force on March 18, 2013. In the coming months and years it will certainly be interesting to watch jurisprudence pertaining to the Act unfold.
Some of the most sweeping changes are contained in the provisions pertaining to common law spouses, the provisions pertaining to property division and the new duties imposed on lawyers.