A limitation period is the maximum length of time for making a claim under a provincial or federal statute or rule. There are several limitation periods applicable to family law procedures, and prudent clients should be aware of upcoming deadlines.
- The Family Law Act requires married spouses to make a claim for equalization (equal division) of net family property within the earliest of: 6 months after the first spouse’s death, 2 years after a divorce has been ordered, or 6 years from the date of separation. A failure to make a claim within the limitation period will bar the claimant from recovering a share of net family property. (If you are a common-law spouse, it is important to seek legal advice as you may be eligible to make a property claim through a device known as a constructive trust.)
- Canada’s Pension Plan (CPP) Act allows former spouses and partners to apply for a division of pension plan credits. The Act stipulates that there is no time limit for a formerly married spouse to make an application to divide CPP credits after a divorce is granted. However, common-law partners must be separated for at least 1 year, and the applicable limitation period is 3 years. Additionally, in the event of a spouse’s death, there is a limitation period of 3 years.
Be sure to observe all limitation periods applicable to your case. Call our Ontario family law lawyers at (905) 581-7222 to learn more.