New Family Law Act - Expanding the Definition of Spouse
How professionals can help their owner/manager clients
By Manjit K. Grewal, LL.B.
Manjit K. Grewal is an associate
with Alexander Holburn
Beaudin + Lang LLP Barristers
+ Solicitors in Vancouver, and
specializes in family law and
personal injury law.
Ruskpp/iStock/Thinkstock
W
hen the new Family Law Act1
(FLA or “new Act”) came into
force on March 18, 2013, it completely replaced the old Family Relations Act2
and expanded the definition of “spouse” in
British Columbia.
Unlike its predecessor, the FLA provides
unmarried couples (including same-sex
couples) who have been living together for
two or more years with the exact same legal
rights as married couples. Effective March 18,
2013, any cohabitating partners who have
lived together in a “marriage-like relationship” for a continuous period of two years
will be considered “spouses”—with the same
rights to family property, family assets, and
even spousal support as if they were married.
Couples who have a child together will also
be considered spouses3 under the FLA, even
if they’ve lived together in a marriage-like
relationship for less than two years.
Given this expanded scope, those of you
who work with owner/manager clients
should urge your clients to consider how the
new Act could affect their business and family
assets—especially if they are currently contemplating cohabitation, marriage, separation,
or divorce.
Testing the definition of spouse
First, however, it’s worth noting that while
the new definition of “spouse” in the FLA
may seem obvious and straightforward, it
has already been challenged by litigation in
the British Colu