Can a person who has been in a marriage-like relationship for two years seek relief under Part 5 of the Family Law Act?
British Columbia, Canada
The following excerpt is from J.C. v. A.W., 2016 BCSC 1012 (CanLII):
This issue is important as it determines whether the issues of family property for the parties must be determined by statute or by application of the equitable principles of constructive trust and unjust enrichment. Under the Family Law Act, persons who live in a marriage-like relationship for two years can take advantage of Part 5 of the Family Law Act, provided they do so within two years of separation: Newton v. Crouch, 2016 BCCA 115. The Newton case had been appealed but not argued at the time of trial. The decision was released in March 2016 and determined the issue of which Act applies in these circumstances. Thus, in this case, the claimant can seek relief under Parts 5 and 6 of the Family Law Act . What is the Effect of the Family Law Act in this case?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
What is the reason why the supervising judge refused to grant relief in a Family Law Relief Order (RFD) application? (British Columbia, Canada)
Can a prayer for relief be made on an application for personal injury relief? (British Columbia, Canada)
How has the court considered the total length of the relationship between husband and wife's contributions to the purchase and use of property during their four year relationship? (British Columbia, Canada)
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
Is Rule 10-3(7)(a) of the Rules of Civil Procedure requiring parties to be informed of the scope of relief relief relief? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
What is the effect of a Family Law Order requiring the parties to stand trial for the next two years of their relationship? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
What is the test for establishing a relationship between a person and a person that is close and direct? (British Columbia, Canada)
