MacLean Law Family Property Division Lawyer has precedent setting win endorsed and applied by BC Court Of Appeal
MacLean Law’s family property division lawyers precedent setting win for our client in the Meservy v Field case, was just approved of and applied by BC’s highest court in a recent BC Court of Appeal decision. Since March 18, 2013, couples in common law relationships of over 2 years in length now have the same property rights in BC on separation as do married couples’
Hire The Best Family Property Division Lawyer
The new Family Law Act act is complex and cutting edge arguments are needed. It only makes common sense to hire a top family property division lawyer when winning matters.
Our award winning family property division lawyer team was voted yet again as Vancouver’s top family law firm by prestigious Top Choice Awards. As BC’s largest family law firm, we handle complex and high net worth divorce issues.
In a nutshell, MacLean Law’s success for our client in Meservy allowed claims to divide property by common law spouses who separated up to two years before the new Family Law Act came into force on March 18, 2013. It’s critical that you hire a top family property division lawyer to deal with all of the novel family property and excluded property disputes that are arising under our new act.
Common Law Spouses’s Now Have the Same Property Rights Explains James Cudmore, Successful Family Property Division Lawyer
In Newton v. Crouch, 2016 BCCA 115 the court provided the following decision and official summary:
The appellant in proceedings commenced January 9, 2013 applied for a declaration that Part 5 of the Family Law Act, S.B.C. 2011, c. 25 did not apply to himself and the respondent who had been unmarried partners but had separated before the FLA came into force March 18, 2013. The respondent had filed a counterclaim seeking spousal support and division of property under Part 5 of the FLA. The chambers judge found the facts indistinguishable from a previous decision of the court, and, as a matter of comity found he was bound by the previous decision and dismissed the application.
Held: Appeal Dismissed. The definition of “spouse” in the FLA includes persons who have lived in a marriage-like relationship for two years. Persons who were formerly in a marriage-like relationship for two years can take advantage of Part 5 of the FLA provided they do so within two years of separation. The legislation is not retroactive. At most it is retrospective and the presumption against retrospectivity is rebutted. There is no vested right to statutory indifference.
The Court of Appeal went on to track the successful argument made by Mr. Cudmore of our offices some 2 years ago.
[7] The chambers judge, Mr. Justice Pearlman, noted that the essential facts of this case were indistinguishable from Meservy v. Field, 2013 BCSC 2378, where Madam Justice Hyslop held that Part 5 the FLA applied. Justice Pearlman found that the circumstances that justified not following a previous decision of the court, as set out in Re Hansard Spruce Mills Ltd., 13 W.W.R. (N.S.) 285, did not apply in the present case. Accordingly, he held that he was bound by the reasons for judgment in Meservy and dismissed the Appellant’s application.
If you were in a marriage like relationship and brought your claim after March 18, 2013 but it was within 2 years of your separation and you hired a lawyer like James Cudmore of MacLean Law you would be entitled to the same property division rights as if you were married.
Call us if you want the best family law advice whether you are divorcing or suffering a marriage like relationship breakdown. If you need a top family property division lawyer in Kelowna, Fort St John, Vancouver or South Surrey call us toll free at 1-877-602-9900.
