Couples who have lived in a common law relationship for at least two years will now be considered married under the provincial government's Family Law Act as it came into force on Monday.
That means they will be subject to the same 50-50 property division rules that formally married couples face if there is a breakdown in the relationship.
"This approach responds to the reality that the number of common-law families in British Columbia is growing at a rate three times faster than the number of married families," says the Justice Ministry in a backgrounder on the legislation, which was passed in November 2011.
"As well, this approach is consistent with other areas of the law, including wills and estates, income tax, and spousal support, which already treat common-law families the same as married families."
There is a wrinkle - couples can opt out and make different arrangements respecting property division through agreements that can be changed by a judge only in limited circumstances.
The act also sets out types of property excluded from the so-called 50-50 rule, namely gifts and inheritances received by a spouse and property that a spouse brings into the relationship.
Family property will include "all real and personal property owned by one or both spouses at the date of separation unless the asset in question is excluded, in which case only the value of the asset during the relationship is divisible," says the Justice Ministry.
The Act replaces the 34-year-old Family Relations Act.
"The Family Law Act is about addressing the needs of modern B.C. families and adapting to shifts in society," said Justice Minister Shirley Bond in a statement.
Bond, the MLA for Prince George-Valemount, emphasized provisions to ensure "children's interests and safety are given the utmost priority when families go through the emotional process of separation and divorce."
Although usually high on the courts' priority list, the legislation now expressly states that the child's best interests must be the only consideration in making decisions involving the child.
As well, protection orders are now covered by the criminal code, as opposed to through the civil justice system, which Bond said permits timely, effective, potentially life-saving enforcement, because police can step in very quickly.
Penalties, including fines, for denying time with the child by a parent are also spelled out as are out-of-courtroom options for resolving matters, such as agreements, mediation, parenting co-ordination and arbitration.
West Coast LEAF, which seeks equality rights legislation for women, applauded the Act's broadened definition of family violence to include psychological and emotional abuse but worried no funds have been set aside to cover increased demands on mediators, arbitrators and family counsellors.
- with files from Canadian Press
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