VANCOUVER, BC--(Marketwired - August 29, 2016) - As an experienced team that practices in Family Law, the litigation professionals at Kushner Law Group have always felt that it's importance to educate clients on current legislation and how it may affect them. A recent blog delves into some of the most-common misconceptions about the FLA and explain the actual legislation. For more, go to: http://kushnerlaw.ca/bc-family-law-act-misconceptions-common-law-divorce/
The biggest misconception is that couples who cohabit are considered to be common-law after 6 months or one year.
In actuality, The FLA specifically requires couples who wish to be considered spouses to be legally married to have been living together in a marriage-like relationship for two years. While there are many employer-sponsored benefit plans that consider common-law to be as early as 6 months for the purposes of family law in British Columbia, the FLA requires a minimum two-year period.
The second misconception the blog tackles is the belief that you cannot get a divorce unless you and your spouse have lived in separate houses for at least one year.
As the blog explains, the most common reason used to support a divorce application is that the parties have been living separate and apart for at least one year.
In reality, the FLA will consider spouses to be living separate and apart while still under the same roof, provided that there is evidence that one spouse communicated an intention to separate permanently and that action was taken to demonstrate that intention. The actions considered by the Court as evidence of a separation include living in separate bedrooms and no longer sharing spousal-type duties like cooking and cleaning for the other person.
There's no need to stress out over the FLA-or various interpretations of it. If you need solid, sensible advice for a delicate situation, the best thing to do is speak to a litigation professional so you can take the next steps confidently.
About the Company
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.