Understanding Limitation Periods in Family Law
When dealing with family law matters, it’s important to know the time limits for taking certain legal actions. These time limits, known as limitation periods, dictate how long you have to make a claim or take legal action. Missing these deadlines can have serious consequences, so it’s essential to be aware of them.
Child Support
In the context of child support, here are some key points to remember:
No existing order or agreement:
There is no specific time limit for applying for child support. However, retroactive claims (claims for past support) may be limited to three years before the application.
Step-parent contributions:
If you are seeking child support from a step-parent, you must apply within one year of their last child support contribution.
Changing existing orders or agreements:
There is no time limit for changing, suspending, or ending an existing child support order or agreement. However, retroactive claims may still be limited to three years before the application.
Spousal Support
For spousal support, the limitation periods are as follows:
No existing order or agreement:
For married individuals, under the Family Law Act, you must apply within two years from the date of the divorce judgment or order declaring nullity. Under the Divorce Act, there is no limitation period to apply for spousal support.
For common-law partners, you must apply within two years from the date of separation.
Existing orders:
There is no time limit for applying for spousal support if there is already an existing order.
Setting aside or replacing agreements:
You must apply to set aside or replace an existing spousal support agreement within two years after discovering, or reasonably ought to have discovered, the grounds for the application.
Property and Debt or Pension Division
When it comes to dividing family property, debt, or pensions, the following limitation periods apply:
No existing order or agreement:
For married individuals, you must apply within two years from the date of the divorce judgment or order declaring nullity.
For common-law partners, you must apply within two years from the date of separation.
Existing orders or agreements:
You must apply to set aside or replace an existing agreement within two years after discovering, or reasonably ought to have discovered the grounds for the application.
Canada Pension Plan (CPP)
For the division of CPP benefits, the limitation periods are:
Married individuals:
You must apply within three years of the death of the former spouse or anytime while the former spouse is still alive.
Common-law partners:
You must apply within four years from the date of separation or anytime by mutual consent.
Appeals
Appeals in family law matters have specific limitation periods:
Appealing a Provincial Court of BC Final Order to the Supreme Court of BC:
You must file the notice of appeal within 40 days after the order is made.
Appealing an associate judge’s (formerly referred to as masters) order made in the Supreme Court of BC:
You must file the appeal within 14 days from the day after the order is made.
Appealing a judge’s order made in Supreme Court of BC:
You must file the appeal or application for leave to appeal within 30 days from the day after the order is made.
