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Difference between revisions of "Assets of Couples (3:IX)"

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Assets of Couples (3:IX) (view source)

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Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.  
Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.  


== B. Divorce Act ==
== B. Legislation ==
 
#Divorce Act [DA]
 
The DA does not deal with property division.
 
#Family Law Act [FLA]
 
Section 81 of the FLA outlines that each spouse is entitled to an undivided, one-half interest of family property and is equally responsible for debt upon separation (Stonehouse v Stonehouse, 2014 BCSC 1057; Joffres v Joffres, 2014 BCSC 1778). However, the FLA substantially changes what is considered to be family property, essentially allowing spouses to keep property they bring into a relationship and share only in the increase in value of that property and the net value of new property obtained after cohabitation or marriage.
 
The FLA carves out a category of excluded property under section 85. Section 85 (1) of the FLA reads as follows: 
The following is excluded from family property:
 
* (a) Pproperty acquired by a spouse before the relationship between the spouses began;
* (b) Iinheritances to a spouse;
** (b.1) Ggifts to a spouse from a third party;
*(c) Aa settlement or an award of damages to a spouse as compensation for injury or loss, unless the settlement or award represents compensation for
** (i) Lloss to both spouses, or
** (ii) Llost income of a spouse;
*(d) Mmoney paid or payable under an insurance policy, other than a policy respecting property, except any portion that represents compensation for
** (i) Lloss to both spouses, or
** (ii) Llost income of a spouse;
* (e) Pproperty referred to in any of paragraphs (a) to (d) that is held in trust for the benefit of a spouse;
* (f) Aa spouse's beneficial interest in property held in a discretionary trust
** (i) Tto which the spouse did not contribute, and
** (ii) Tthat is settled by a person other than the spouse;
* (g) Pproperty derived from property or the disposition of property referred to in any of paragraphs (a) to (f).
 
 
 
 
== C. Types of Assets ==
 
== D. Use of Assets ==
 
== E. Unmarried Couples ==
 
== F. Interim Relief ==
 
== G. Limitation Period ==


Effective March 1, 2021, the amended ''Divorce Act'' will include provisions for identifying family violence and assessing its relevance to family disputes. The following provisions will come into force on that date.


Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended ''DA'' characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended ''DA'' for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated ''DA''. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.


Under the amended Divorce Act, family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended ''DA''). Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended ''DA'').




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