Our MacLean Law, BC marriage-like relationship and Vancouver common law relationship family lawyers are routinely involved in helping BC family law courts set new law. We are proud to have once again set new family law in British Columbia.
In a decision that will have profound impact to British Columbians everywhere, the BC Supreme Court held the new family property division provisions of the Family Law Act applied to a couple that started and ended their common law relationship before the introduction of the Family Law Act.
In this ground-breaking case, the parties began to live together in a common law relationship in January 2009 and separated in September 2011. Each party owned real property in their separate names during their relationship.The Family Law Act subsequently came into force on March 18, 2013.
James Cudmore of MacLean Law’s downtown Vancouver office successfully argued that he was a former spouse as defined by s. 3(1)(b)(i) and 3(2) of the FLA. Under the FLA, a spouse or former spouse must commence their claims no later than two years after the former spouse ceased living in the marriage-like relationship. The Respondent filed his counterclaim seeking property relief under the FLA on April 18, 2013.
Madam Justice Hyslop held at paragraph 27 and 28:
“ [27] Ms. Meservy and Mr. Field are former spouses pursuant to the definition of spouse – s. 3 of the FLA. As long as the action is started two years after the date that they separated, former spouses may make a claim under the property provisions, Parts 5 and 6 of the FLA. [28] This legislation is not dependent on the parties living together at the time of the FLA coming into effect. Similarly, for those who are former spouses as a result of a divorce, the spouse’s claim must be brought within two years from the date that they were divorced or their marriage declared a nullity.”
A link to the complete written reasons for judgment can be found at 2013 BCSC 2378.
In this new and evolving area of law, it is easy to get confused. Our top rated matrimonial common law property and asset division lawyers can assist you. To set up a meeting with a lawyer at one of our 4 conveniently located offices in Vancouver, Fort St John, Surrey and Kelowna simply fill out the consultation form here and you will get the support you need.
