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ARTICLE · 19 DECEMBER 2012

Family Law Act: Issues Surrounding Recent Legislative Changes

DLA Piper
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Davis LLP's Grace Choi, a partner in the Vancouver office's Family Law Group, presented the paper, "Three Issues Arising from the Property Division Sections of the New Family Law Act", at the British Columbia Court of Appeal's Education Seminar entitled Family Law Act:

CanadaFamily and Matrimonial
Grace Choi
Grace Choi
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Davis LLP's Grace Choi, a partner in the Vancouver office's Family Law Group, presented the paper, "Three Issues Arising from the Property Division Sections of the New Family Law Act", at the British Columbia Court of Appeal's Education Seminar entitled Family Law Act: Issues Surrounding Recent Legislative Changes.

The new Family Law Act, S.B.C. 2011, c. 25 is scheduled to come in force on March 18, 2013. Of the many questions raised by the new scheme for the division of property, Grace Choi's paper discusses three issues in particular that are likely to occupy the Court of Appeal in the years to come. These are: (1) the new standard of "significant unfairness" which governs key determinations for the division of property; (2) the date of separation and the related issues of the crystallization and valuation of family property and debts; and (3) the tracing of excluded property, a new concept introduced by the Act.

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