The Family Law Act has received Royal Assent!

I have just received the following news, which I am pleased to share with you:

The Family Law Act received Royal Assent on November 24, 2011.

The following sections are now in effect:

  • section 258, which repeals sections 90 [obligation to support parent]  and 120.1 [property agreements] of the Family Relations Act; and
  • all sections of the consequential amendments that change spousal terminology to replace legally outdated terms with gender-neutral terms, e.g., “husband”, “wife” replaced with “spouse”.

It is anticipated that it will be 12 to 18 months before the rest of the Act is implemented and comes into effect.  The rest of the consequential amendments to British Columbia’s acts will also come into effect on that future date.

This timeframe is to give sufficient time to inform the legal profession and family service providers about the broad scope of the changes and to allow for system changes and rules changes that will be required.

Section 482 provides a table which sets out the sections which will come into effect by regulation.  The legislation and related materials are available on the internet at:  http://www.ag.gov.bc.ca/legislation/family-law/index.htm.

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Update on November 30, 2011:  I gather from JP Boyd’s excellent BC Family Law Resource blog that the Act – as passed in its third reading – has now been posted on the B.C. legislature’s website.  You can find more information, including the link to the Act, on his blog posting here.
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Update on March 21, 2012:  If you are among our readers who are looking for the latest information on British Columbia’s new Family Law Act, you may be interested in my recent post, My “Big Three” BC family law information powerhouses.

2 thoughts on “The Family Law Act has received Royal Assent!”

  1. The New BC Family law Act also permits and sanctions civilly married persons to take non consenting people (married or single) as common law spouses prior to divorce of existing spouse. Are you pleased to report this too??

  2. The new Act undoubtedly includes some controversial changes to substantive family law and we understand that not everyone will be pleased with all of the provisions. We support the Act’s overall support for non-court dispute resolution processes.

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