ATA Law has won a bifurcation application in a family law proceeding

Supreme Cout Family Rule 14-6(2) empowers the court to order one or more questions of fact or law arising in a family law action be tried and determined before the others.  This kind of court application is often called “bifurcation application”.

In a recent case, the opposing party commenced a claim against our client for property division based on a marriage-like relationship of over two years. Our client’s position is that the parties may have been romantically dating for a while but they have never lived together and there is no such marriage-like relationship from the very start.   Based on the facts of this case, ATA Law team strategically advised our client that a bifurcation application is appropriate in the circumstances and the issue of whether a marriage-like relationship exists between the parties should be tried and determined first. If no such relationship can be established by the opposing party (as it is their burden of proof if such issue is contested), the proceeding will be finished and there will be no other issues which need to be determined.

In our application, we have cited Hudema v. Moore 2020 BCSC 1502 and successfully argued that the issue of whether there is a marriage-like relationship between the parties could be determined fairly in advance of property division claims, would materially advance the litigation and would either finally determine the litigation or encourage the parties to settle the remaining issues in dispute.

As top family law lawyers in Richmond, British Columbia, the ATA Law legal team is highly skilled and experienced in family law procedural matters.  Contact Us – ATA Law Corporation