The division of property on marriage breakdown is dealt with in Part 5 of both the ''FRA'' and the ''FLA''. The ''FRA'' creates a basic presumption of equal entitlement to family assets, and real and personal property that is ordinarily used for a family purpose. Part 6 deals with the division of pensions. These two parts of the ''FRA'' do not apply to common law relationships, although common law partners could contract into the property provisions of the ''FRA''Act. Also, the rights of the parties to family assets may be resolved by agreement, mediation or litigation. All litigation relating to property must be dealt with at the Supreme Court level. The Provincial Court does not have the jurisdiction to deal with assets.

The ''FLA'' significantly changes changed the property law regime in British Columbia, and reduces reduced judicial discretion. It is a simpler model that is designed to help parties achieve resolutions out of Court. Itoperates It operates on the presumption that spouses are equally entitled to family property that is proper and equally responsible for family debt (s 81). It also provides that unmarried spouses (who have lived together in a marriage-like relationship for at least two years) may avail themselves of the property and liability provisions of the ''FLA'' Act in Part 5 and 6.