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In This Volume

  • 60 (1) For all purposes of the law of British Columbia, a married person has a legal personality that is independent, separate and distinct from that of his or her spouse.
  • (2) A married person has and must be accorded legal capacity for all purposes and in all respects as if the person were unmarried.
  • (3) Without limiting subsections (1) and (2),
  • (a) each of the parties to a marriage has the same right of action in tort against the other as if they were not married,
  • (b) a married woman is capable of acting as litigation guardian or next friend as if she were an unmarried woman, and
  • (c) a married woman is capable of acquiring a domicile independent from that of her husband, and the same rules must be applied to determine the domicile of a married woman as for a married man.
  • (4) The purpose of subsections (1) and (2) is to make the same law apply, and apply equally, to married men and married women and to remove any difference resulting from any common law rule or doctrine, and subsections (1) and (2) must be so construed.
  • (5) Subsection (3)(a) does not apply if the cause of action arose before April 17, 1985.

1979-224-55; 1985‑68‑80, effective April 17, 1985 (B.C. Reg. 392/85); 2011-25-397.