Response from Ministry of Attorney General: Family Law Act Modernization Phase 1 – What We Heard Report

  • March 17, 2023

Following a call for consultation regarding property division and spousal support under the Family Law Act, the provincial government has released a What We Heard Report summarizing stakeholders’ responses.   

CBABC participated in the process and delivered a submission to the Ministry of Attorney General. Our recommendations included:

  • Excluded property should remain excluded property unless there is a true understanding between parties that they are giving up their entitlement to their excluded property;
  • The presumption of advancement should be abolished;
  • Provisions that deal with pet custody should be included; and
  • The test built up in the jurisprudence that defines a marriage-like relationship should be codified.

Regarding the division of pensions under the FLA, a report was released in March 2021 following a public consultation conducted through the British Columbia Law Institute.

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