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.
Tag: Divorce Act
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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.
With the coming into force of the Family Law Act (the “Act”) on March 18, 2013, the concepts of Custody and Guardianship have been significantly affected. Prior to the introduction of the Act, upon the dissolution of a marriage involving children, the Divorce Act (“DA”) and the Family Relations Act (“FRA”) governed issues surrounding parenting arrangements. The DA, dealt with Custody while the FRA dealt with both Custody and Guardianship. Thus, an overlapping concept of Custody existed under the DA and the FRA. This concept, while somewhat empty, was largely valued by clients for the perception of power and control it implied, while guardianship was valued for the rights it provided parents to be involved in the major decisions regarding the child.