Almost Six Years Into the new Family Law Act: Will You Get To Keep your Excluded Funds? by Cristen Gleeson
Its been almost six years since the Family Law Act (the “Act”) came into force which contains a new property regime for BC. In short, the Act
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Its been almost six years since the Family Law Act (the “Act”) came into force which contains a new property regime for BC. In short, the Act
Excluded Property Regime Introduced When the Family Law Act came into force in 2014, it introduced an excluded property regime to British Columbia’s family law.
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
When it comes to getting married, or living in a long-term common-law relationship in the Fraser Valley, one of the most important – and most contentious – issues that a couple can face is a marriage agreement, commonly known as a prenuptial agreement. It is particularly important where one party is bringing significant assets into the relationship, often in second marriages. While discussing and forming this type of agreement can cause tension in a relationship, it is a realistic and practical step to take to prevent family law problems later on. Not every relationship goes on the way it was planned or intended. Separation and divorce sadly are distinct possibilities for many couples – and while the ending of your relationship may leave you heartbroken, a prenuptial agreement may prevent it from also leaving you broke.
Commencing in 2006 the British Columbia Ministry of Attorney General has been formulating a new Family Law Act to replace the present Family Relations Act. The proposed new legislation introduces sweeping changes to issues of child custody and guardianship, property division and spousal support, among other issues.
Whether the proposed new legislation will be passed into law remains to be seen. However, at present, it appears as though there is at least a realistic possibility that sweeping changes to family law in British Columbia of the nature proposed in the new Family Law Act will come into force in the coming years.
On March 18, 2013, BC’s new Family Law Act (the “Act”) came into force replacing theFamily Relations Act (the “FRA”). In the three months since enactment there have been few cases that have been decided solely under the new Act but in the recent decision of G.(L.) v. G.(R.), Brown J. had the opportunity to consider the change in standards in determining the division of property from the FRA to the new Act.
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