Family law in British Columbia,
Canada has witnessed significant change in the last 5-6 years. Family property
law, in particular, has seen drastic reform. One of the most significant
changes which has arisen in the province is the introduction of the Family Law
Act 2011 which, among other functions, now governs the distribution of assets
on divorce and on the breakdown of common law marriage. Repealing and replacing
the Family Relations Act 1996, the new 2011 Act aimed to make the law governing
the division of assets simpler and easier to apply, reducing judicial
discretion and bringing the province more in line with the rest of Canada.
However, since the commencement of the legislation exactly two years ago (March
2013), a number of weaknesses inherent in the Act have already generated
significant case law in the province. This paper seeks to highlight the main shortcomings
which have emerged and analyse judicial responses to date.