What is the current state of the law in BC when it comes to property division?

Alternatively, the respondent says that by the time the parties struck their property division agreement in 2008-2009, they were no longer “spouses” by the limited definition of that term applicable to their situation contained in the old Family Relations Act; and under the new Act, although the definition of “spouse” for property division purposes has been expanded to encompass unmarried persons and includes a “former spouse”, an action brought under Part 5 must be started no later than two years after the spouses separated. This limitation, the respondent argues, is not merely a plea in bar, but part of the substantive definition of a “spouse” under the Act: Meservy v. Field, 2013 BCSC 2378 at paras. 56 and 57. In short, the respondent argues, when the present claim was filed it was not only well out of time but the claimant had no status as a “spouse” under past or present statutory law.