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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 the person’s 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 person is capable of acting as litigation guardian or next friend as if the person was unmarried, and
  • (c) a married person is capable of acquiring a domicile independent from that of their spouse, and the same rules must be applied to both spouses to determine the domicile of a married person.
  • (4) The purpose of subsections (1) and (2) is to make the same law apply, and apply equally, to married persons, regardless of gender, 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; 2023-10-489.