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Big changes for couples under new Family Law Act

Out-of-court options favoured for divorce settlement
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Ladner divorce lawyer Deidre Severide says changes to the province's divorce settlement laws will be better for couples

Recent changes to B.C. family law will help create a less adversarial and more constructive means to end a marriage or common law relationship, according to a local divorce lawyer.

The Family Law Act was enacted last month, replacing the 33-year-old Family Relations Act with a process that Ladner lawyer Deirdre Severide says will keep families out of court, and cause less trauma.

Severide is the founder and principal lawyer at Sea Change Collaborative Practice, and works with couples to help them reach settlements outside of court, something the new act encourages.

"It's very clear to us the legislation is saying out-of-court dispute resolution is absolutely preferred," she said.

The provincial government began a review of the Family Relations Act in 2006. The old process forced couples to start and finish a divorce proceeding in court, something Severide says creates an unnecessarily adversarial situation and can tear families apart.

"I don't think families should be in the courts at all," she said. "There's too much at stake."

Lawyers are now required to make clients aware of the many alternative settlement options - such as mediation - before moving ahead with court proceedings.

"This is a whole new approach to family resolution under the family law act," said Severide.

The change in the tone of language in the act is also significant, she noted. Instead of "joint custody" or "access," the Family Law Act speaks of "joint-guardianship" and "parental responsibilities."

"The only consideration is the best interest of the child, whereas before it was just one of the considerations," Severide said. "That's a huge change."

Some of the biggest changes apply to common law couples. Now, common law couples are required to divide assets and debts - just as a married couple would - if they have been living together for more than two years.

That's why Severide says it's important for people entering into a common law relationship to familiarize themselves with the changes to family law, and consider a cohabitation agreement - similar to a prenuptial agreement.

"When it comes to your assets, what you grow together is shared. The debts you accumulate are also shared, and that's new," she said. "But if that is something that you don't want, you should consider making an agreement."