The family law act came into force on march 18, 20. Every bc family law act pension division case is unique. Closed files retention and disposition introduction what should a law firm do with its closed file records. Note on the upcoming family law act and this manual on march 18, 20, british columbias new family law act fla came into force. Our new family law act tries to establish a principled approach to dealing with bc family law act child mobility, move away and relocation and these rules have been held to differ from our rules for relocation under our divorce act. Jul 20, 2014 our maclean law lawyers handle numerous bc family law act child mobility, move away and relocation cases each year.
The new bc family law act creates changes tofamily law in british columbia. The family relations act contains two different concepts which govern parental rights and responsibilities. The family law act is a new law that came into effect march 18, 20. Family property includes things like homes, bank accounts, rrsps, pensions, and business interests. Effective march 18, 20, british columbia made major changes to their family laws and introduced the bc family law act. The family law act the act came into force in march of 20, and it fundamentally changed the way courts divide property following the breakdown of a marriage or common law relationship in bc. The family law act came fully into force on march 18, 20, and replaced the family relations act. Best interests of a child the only consideration kelly.
There are two courts that handle almost all family law litigation in british columbia, canada. Parental rights and responsibilities under the family law. Legislation is made by the federal government and the provincial government. Allan of clark wilson llp, vancouver, bc, and kimberly santerre of jenkins marzban logan llp, vancouver, bc, for the continuing legal education society of british columbia, april 2014. Divorce act, 5 applied family law act principles to determine matters under the divorce act,6 or adopted a rigid application of the doctrine derailing the application of the family law act. Family law act province of british columbia government of b. Duties of parties respecting family dispute resolution. There is no easy way to summarize the new bc family law act, it is unique and has new terminology. This guide focuses on problems related to separation. One of the very unique and helpful sections of the family law act are sections 37 and 38 which deals with, in part, the assessment of family violence. If you have separated, and if you have children, assets, debts, pensions, businesses or need. Sep 03, 2016 in british columbia spouses are separated pursuant to the bc family law act, if a spouse has communicated to the other spouse that he or she had decided that the spousal relationship has ended and even if the spouses are still living in the same home.
The new family law act, proclaimed in november, 2011, came fully into force on march 18, 20 part 4 care and time with children establishes a new regime for care and time with a child. Benefits and burdens background paper, march 2009 pdf version shelley kierstead. Most notably the changing definition of family assets from property that was ordinarily used for a family purpose to all property owned by one or both spouses. What the family act means for men center for american progress. The fla is the culmination of many years of research and policy development, and has transformed british columbia family law dramatically. A family law, domestic violence perspective, 20 edition pdf version. These laws are the federal divorce act and the provincial family law act.
March 20 new bc family law act by laura holland, senior counsel new act governs family law dbm does not practice in the area of family law, but there are some highlights that may affect our clients, which we wanted to share. Some of these changes are significant andimportant to be aware of. The family law act received royal assent on november 24, 2011 but the majority of the act was brought into force on march 18, 20 by bc reg. Find answers to your family law questions about separation and divorce, children, finances and support, abuse and family violence, or bcs legal system.
The current manual chapter deals primarily with the fla rather than the previous family relations act fra. Matrimonial and family proceedings act 1984 legislation. When couples make marriage and cohabitation agreements, they are contracting out of this defau. There is a lot of emotion involved in these cases and, unfortunately, some people find it hard to see the forest for the trees when theyre involved in a case that involves their children or a former partner.
The two pieces of legislation that are the most important for family law in british columbia are the federal divorce act and the provincial family law act. In march of 20, bc passed a new act governing family law matters, called the family law act. Inheritance provision for family and dependents act 1975. The bc family law act and your assets blueshore financial. Note on the family law act and this manual on march 18, 20, british columbias family law act fla came into force. Oct 23, 2012 bc will be changing the rules around family property division in early 20. On march 18, 20, the family law act will come into force in british columbia, replacing the family relations act, which currently determines parental rights and responsibilities in b. Apr 22, 20 the bc government has created a pdf list of faqs about the new bc family law act 20. By vyvyan tsui e arlier this year, the family law act fla came into effect in british columbia. This paper discusses why a lawyer should retain client files and records, how this can be done, as well as time frames for destruction. The new act places the safety and best interests of the child first when families are going through separation and divorce.
The essential family law act cases every family law lawyer. Encourages families to resolve their disputes outofcourt. Purposes of file retention why should a lawyer keep client file records after the work is finished. Information about british columbias family law act fla. Cases interpreting the property division provisions of.
The fla is the culmination of many years of research and policy development and has transformed british columbia family law dramatically. However, most of the act will not come into effect until march 18, 20. Provisions relating to powers of the high court and county courts. The new act overhauls the bc family law system and brings with it many changes. Bc family law act family property division explained youtube. This was a big overhaul in areas such as family law language changes making agreements to stay out of court dispute resolution parenting arrangements child and spousal support dividing. Under the bc family law act, benefits in a pension plan are family property. Bc family law act child mobility, move away and relocation. Cases interpreting the property division provisions of the family law act these materials were prepared by the honourable marion j. What the family act means for men center for american. This means that when you separate, you and your spouse are entitled to a share of the pension benefits that either of you built up while you were living together. Division of property in bc canadian research institute. For the most part, the act has made division of property at the end of a relationship more predictable. Find out how to deal with separation, divorce, foreclosure, wills, and more.
Dividing pensions and other benefits after you separate. Under bcs family law act, spouses who separate are entitled to 50 percent of family property that either or both spouses acquired during the relationship. There are a variety of ways to resolve family law disputes. In the spring of 20 the family law act came into effect in bc replacing the family relations act, seen by many as an outdated and inadequate piece of legislation. The justice statutes amendment act also makes minor amendments to the family maintenance enforcement act to correct sections that were affected when the fla was enacted. The family law act puts the safety and best interests of the child first when families decide not to live together anymore. Bcs family law act provides a set of rules for dividing property of separating couples who are married or who have lived with each other in a marriagelike relationship for a continuous period of at least 2 years.
Lorne maclean, qc of maclean law takes you through the basics of the new bc family property law division rules that. The family law act, sbc 2011, c 25 is a law created by the government of british columbia that you can find. On march 18, 20, british columbias new family law act fla came into force. Lindsay kenney llp explains the new division of property rules. Aug 07, 2014 bc family law act pension division cases require a skilled lawyer familiar with the pension provisions of our bc family law act legislation and our bc and federal pension division legislation. Everything changed on march 18, 20 and theres no going back. Each piece of legislation deals with different family law problems and applies to different kinds of relationships. The tool is meant to provide a helpful overview before readers move on to more comprehensive resources. The family law act, sbc 2011, c 25 is a law created by the government of british columbia that you can find, along with other provincial laws, at the website of the queens printer or on canlii, a free website that lets you search canadian laws and court decisions. The bc family law act and your assets important rules for dividing property in the bc family law act. The family law act came fully into force on march 18, 20, and replaced the family. The family law act takes an entirely different approach to property and debt. Changes to division of property in the bc family law act. This set of postcards covers the key concepts of family law in bc while highlighting the changes due to new family law act in effect march 18, 20.
On march 18, 20, british columbia s family law act fla came into force. The new bc family law act, compared to ontarios family laws. Bc will be changing the rules around family property division in early 20. Part 6 of the family law act explains how bc family law pension division now works in bc. A handy, downloadable pdf of the law is also available online through a service called quickscribe. Best interests of a child the only consideration family violence. Dbm does not practice in the area of family law, but there are some highlights that may affect our clients, which we wanted to share. However, all persons having a family dispute, and those assisting these people, have to understand the new legislation and its regulations in great detail. Though some changes are only minor updates to the current. Lorne maclean, qc of maclean law takes you through the basics of. Mylawbc gives you the tools you need to identify, manage, and solve your legal problems. The commencement provisions, listed by section, can be found in section 482 of the act. The bc family law act a plain language guide for women. Agreements respecting family law disputes generally.