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

Upgrades to Millstream overpass to begin Feb. 1

Project includes addition of left hand turn lane onto highway to Victoria

Victoria Grizzlies look to continue hot steak

Team hits the road this weekend before Family Fun Night

Woodwynn Farms to be shut down and sold

The rehabilitation program at Woodwynn Farms is being shut down. According to… Continue reading

Langford loses bid to host Amazon HQ2

Mayor hopes to attract more tech jobs to city

Victoria police warn against Canada Revenue scam as tax season nears

Fraudsters have elicited $25,000 in 2018 alone in telephone racket

Monster trucks invade Victoria

Traxxas Monster Truck Tour stops at Save-On Foods Memorial Centre this weekend

WestJet appeals lost bid to scrap harassment lawsuit

Airline argues judge was wrong to have dismissed the company’s application to strike the legal action

Can U.S. border guards search your phone? Yes, and here’s how

Secretary of homeland security explains a new policy that let’s border guards check phones

‘Beautiful writer’ Nancy Richler dies of cancer in Vancouver hospital

Montreal-born author spent most of her adult life in B.C. as a fiction writer and novelist

Jury convicts spear-wielding Duncan man in 2015 Ladysmith RV park murder

Trever George Meers used a handmade spear to stab Rayna Johnson at the Campers Corners RV Park

Students frustrated by UBCO response to harassment allegations

Students on the Kelowna campus were unaware of resources and worried about lack of communication

Opinion: Dare to be smarter

Just say no works for more than just substance abuse

‘Sing Me a Song’ about B.C. for a chance at $1,000 contest prize

Entries due by March 30 for lieutenant-governor’s British Columbia-themed competition

Facing reality of death, B.C. man learns real meaning of life

Even while preparing for the end, something inside Keven Drews won’t let him stop living

Most Read