Changes To Family Law Act Will Make It Easier For Separating Couples

BC is introducing amendments to the Family Law Act that the province says will clarify the law around pets, property and pensions to better meet the modern-day needs of separating couples.

“Going through a separation or divorce can be an incredibly difficult experience,” said Niki Sharma, Attorney General.

“To help make life easier for couples going through a separation, we’re introducing amendments to the Family Law Act that better reflect the priorities and values of people today, including making sure the important role pets play in families is considered in the separation process.”

If passed, the amendments will provide more guidance for parties and judges when determining how to address ownership and possession of pets.

The act will require consideration of factors such as each person's ability and willingness to care for the animal and the relationship a child has with it, as well as if there is a risk of family violence, threat of cruelty to an animal, and more.

Another amendment will make it easier to equitably divide property by preventing the use of the outdated principle of the "presumption of advancement" to decide how property is divided under the act. Historically, this principle applied only to property transferred from husband to wife, not a wife to their husband, or between same-sex spouses or unmarried spouses.

The province says the changes are based on feedback from Phase 1 of a multi-year review of the Family Law Act to address changes in society, as well as developments in case law.

The review is taking place in three phases to allow the Province, Indigenous Peoples, legal stakeholders and people throughout B.C. to continue working together to modernize the act to ensure it remains reflective of today's family dynamics.