Will the old divorce rules still apply to my case in Canada?

The situation

I am currently in the middle of a very difficult separation in British Columbia, and everything feels so confusing right now. My husband and I decided to split up back in January 2023, and we have been following the specific local procedures and paperwork guidelines that our lawyer gave us based on the existing regulations. However, I recently heard a rumour from a friend at work that some of the older legal rules and procedures regarding how we handle our assets and child support might be changing or being replaced by new ones. We have already spent about $4,500 on legal fees over the last twelve months trying to organise our pay cheque arrangements and property division, and I am terrified that if the rules change mid-stream, all our previous labour and the money we have already spent will be wasted. I need to know if the specific rules and regulations we have been using since the start of our separation will stay exactly as they are, or if we are suddenly going to have to follow a brand new set of instructions that might contradict what we have already agreed upon in our draft documents. Does the old way of doing things stay in effect for us?

Detailed Analysis

Based on the information you provided, you are worried that the $4,500 you have spent on legal fees and the work done on your property division and pay cheque arrangements might be wasted if the rules change.

According to the law, the rules and regulations that were in force immediately before the current Act came into force "continue in force as though made or enacted by or under this Act"^[1]. This means that the legal framework you have been following since your separation in January 2023 does not simply vanish. The law is designed to ensure continuity so that people are not left in a legal vacuum when acts are updated.

However, there is a condition to this stability. These existing rules stay in effect "until they are repealed or altered by rules or regulations made under this Act or are, by virtue of the making of rules or regulations under this Act, rendered inconsistent with those rules or regulations"^[1]. In plain language, this means that while the old rules stay active, the government does have the power to change them or replace them with new ones, provided the new rules are made under the authority of the Divorce Act. If a new rule is created that contradicts an old one, the new rule will take precedence.

Because your case involves specific property division and child support, it is important to note that while the general procedural rules are stable, specific regulations can be updated. It is currently uncertain if the specific 'rumours' your friend mentioned refer to actual pending changes that would affect your specific draft documents.

Please note that provincial laws in British Columbia may add further rules regarding property division and family matters.

Statutory Citations

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