What Is the Time Limit to Claim Property Division After Separation in British Columbia?
This answer covers the law of British Columbia.
Generally, you have 2 years. A proceeding to divide property or family debt, divide a pension or claim spousal support must be started no later than 2 years after a set date. For married spouses, that date is when a divorce judgment is made or an order declares the marriage a nullity; for spouses in a marriage-like relationship, it is the date they separated.
This means a married couple's clock starts at the divorce judgment, not at separation. Government guidance says the same: married spouses must apply within two years after the divorce order, and couples in a marriage-like relationship of at least two years must apply within two years of separation.
The limit is suspended while you are in family dispute resolution with a family dispute resolution professional or a prescribed process. A separate 2-year window applies to applications to set aside or replace an agreement, running from when you discovered or ought to have discovered the grounds. Whether a deadline has already passed, or can still be addressed, depends on your dates, so confirm with a lawyer promptly.
Key takeaways
- The general limit is 2 years, and it covers property and family debt division, pension division and spousal support.
- For married spouses the clock starts at the divorce judgment or nullity order, not at separation.
- For spouses in a marriage-like relationship the clock starts on the date they separated.
- The time limit is suspended during family dispute resolution, and setting aside an agreement has its own 2-year window.