Is There a Time Limit to Make a Family Law Claim After Separation in BC?
This answer covers the law of British Columbia.
Yes, for some claims. Under the Family Law Act, claims for property or debt division, pension division or spousal support must be started within 2 years. For married spouses, the period runs from the divorce judgment (or nullity order), and for unmarried spouses in a marriage-like relationship it runs from the date they separated.
Child support and parenting claims are not subject to that two-year limit. A married person claiming spousal support under the federal Divorce Act has no time limit, while the two-year limit applies under the Family Law Act. A spouse can apply to set aside a property or spousal support agreement within 2 years after first discovering, or reasonably ought to have discovered, the grounds. The 2-year limit also does not apply to spousal support reviews under sections 168 or 169, and the time stops running during family dispute resolution.
Otherwise, a family law proceeding may be started at any time, subject to the Act. Deadlines turn on exact dates such as separation or the divorce order, so if you are near or past two years, speak with a lawyer promptly.
Key takeaways
- Claims for property or debt division, pension division or spousal support under the Family Law Act must be started within 2 years.
- For married spouses the two years run from the divorce judgment, and for unmarried spouses in a marriage-like relationship they run from the date they separated.
- Child support and parenting claims are not subject to the two-year limit.
- A married person claiming spousal support under the federal Divorce Act has no time limit, though the two-year limit applies under the Family Law Act.