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Difference between revisions of "Governing Legislation and Resources for Family Law (3:II)"
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Governing Legislation and Resources for Family Law (3:II) (view source)
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Since March 18, 2013, the ''FRA'' no longer applies except only in dealing with the division of assets for proceedings which were filed before the ''FLA'' came into force. This includes cases that were commenced while the ''FRA'' was the relevant statute. Essentially, this means that child-related issues are determined by the ''FLA'', while property division issues that commenced under the ''FRA'' will continue to be governed by the ''FRA'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. Property division for cases that were started after March 18, 2013 will be governed by the ''FLA'', including actions commenced by common law spouses before the ''FLA'' came into force, if the pleadings are amended to include division of property and debt under the ''FLA''. | Since March 18, 2013, the ''FRA'' no longer applies except only in dealing with the division of assets for proceedings which were filed before the ''FLA'' came into force. This includes cases that were commenced while the ''FRA'' was the relevant statute. Essentially, this means that child-related issues are determined by the ''FLA'', while property division issues that commenced under the ''FRA'' will continue to be governed by the ''FRA'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. Property division for cases that were started after March 18, 2013 will be governed by the ''FLA'', including actions commenced by common law spouses before the ''FLA'' came into force, if the pleadings are amended to include division of property and debt under the ''FLA''. | ||
=== 5. British Columbia Supreme Court Family Rules, BC Reg. 169/2009 === | === 5. Family Homes on Reserves and Matrimonial Interests or Rights Act, (SC 2013, c 20) [FHRMIRA] === | ||
FHRMIRA came into force in 2013 and governs family law cases involving property located on Indian Reserves. FHRMIRA also incorporates the local laws of the First Nation where the Reserve is located. | |||
Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult FHRMIRA as well as the Band’s legislation and investigate all of the potential interests in the matrimonial home when dealing with these matters. | |||
=== 6. British Columbia Supreme Court Family Rules, BC Reg. 169/2009 === | |||
Website: http://canlii.ca/t/8mcr | Website: http://canlii.ca/t/8mcr | ||
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These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | ||
=== | === 7. British Columbia Provincial (Family) Court Rules, BC Reg. 417/98 === | ||
Websites: http://canlii.ca/t/85pb | Websites: http://canlii.ca/t/85pb | ||