Mark Slay recently made a presentation on CLE-TV which highlighted the new Family Law Act.
Along with Georgialee Lang QC and Megan Ellis QC , Mr Slay presented to other lawyers on “Is Your Practice Ready For The New Family Law Act ?”.The new Act , which was passed by the legislature on November 15th 2011 but has yet to be proclaimed , brings significant changes to the approach in family law to issues such as custody, mobility issues and property division . In his presentation Mr Slay noted that the new Act does not require a “triggering date” to give rise to an interest in family property, but the mere fact of the separation itself will give rise to the claim.
Mr Slay suggests that parties do their best to document in some way the date of separation as this may affect their entitlement to claim property which may be subject to a claim of bankruptcy by the other spouse. The Family Law Act has very significant changes for property division and parties would be well advised to consider the provisions as they relate to “excluded property”.