EDITORIAL: Breaking up is hard to do

The new Family Law Act likely won't prevent couples from using courts to obtain "fair" split of property

Pierre Elliot Trudeau once famously said, “The state has no business in the bedrooms of the nation.”

That was in reference to the Criminal Law Amendment Act, 1968-69, which decriminalized homosexuality, made way for abortion and contraception, regulated lotteries, gun possession and drinking and driving offences – a scenario we take for granted today.

In its latest attempt to poke its nose into our bedrooms, the province’s new Family Law Act will help protect those in common-law relationships if and when the romance dies.

While the new rules clarify the partners’ responsibility for their children, they also make division of assets a little easier, a move the government says will keep more unhappy couples out of court.

As with any change to the law, it’s the lawyers who will see the biggest benefit. People already living common-law and those thinking of shacking up with a romantic partner will now be drawing up cohabitation agreements – planning well beyond who gets the record collection when it’s over.

And while the new rules certainly close a number of loopholes in terms of spousal and child support, there will be unintended consequences, with potentially more at stake financially at the time of a break-up.

It’s only human nature to want what you have coming to you – even if it’s only because the government has said you deserve it. It’s this kind of thinking that might well lead more splitting couples to the courtroom than anticipated.

The new Act gives us all something to think about. Things like purchasing a new car, investing in real estate or RRSPs might best be done before emptying a drawer in your bureau for a new partner.

You might also want to think twice before moving in with someone who is going back to school and about to amass student debt  – because if you part ways, along with those old Neil Sedaka LPs  – you’ll get half of that too.

Just Posted

‘Where the hell are the environmental monitors?’ says Colquitz activist

McKenzie construction continues to pollute Colquitz

B.C. BUDGET: Fare freeze, free travel for seniors on BC Ferries

A complete fare freeze will be put into place on major routes, and fares will be rolled back on smaller routes by 15 per cent

Victoria cannabis advocates call proposed trust fund an ‘overreach’

BCICA says North Saanich councillor’s ideas on cannabis ‘cherry picking’

‘Pendulum’ swings Indigenous arts onto the Belfry Theatre stage

From contemporary to traditional, ‘it’s a magic show’ says Indigenous Artist in Residence

BC BUDGET: New spaces a step to universal child care

Fees reduced for licensed daycare operators

VIDEO: Top 10 B.C. budget highlights

The NDP is focusing on childcare, affordable housing and speeding up the elimination of MSP premiums

Saanich’s CAO says council spends too much time going through the motions

Saanich’s chief administrative officer (CAO) chided council for wasting time by presenting… Continue reading

Canucks blow three goal lead, lose to Avalanche in overtime

Vancouver struggled on the penalty kill, as Colorado scored all five goals on the powerplay

Widow of avalanche victim sues Golden lodge operator

A woman from Alberta is suing guides, their mountain guide association and the lodge operator for negligence

BC BUDGET: NDP hope to nix court delays with $15 million cash influx

Union says funding could stop sheriffs from leaving for higher paid jobs

Cattlemen urge B.C. to prevent erosion caused during 2017 wildfire season

Other concerns are fencing restoration and repair, and a lack of feed for cattle.

ALR review may not be open-minded

Past agriculture minister Norm Letnick skeptical of NDP approach

Patrick Brown’s Tory leadership bid fate looms

Brown’s bid to for Tory leadership to be decided on Wednesday

Duncan cousins found guilty of aggravated sexual assault

Assault so violent, victim required surgery

Most Read