What is the test governing interim distribution of family property?
British Columbia, Canada
The following excerpt is from Wei v Xu, 2020 BCSC 2137 (CanLII):
Section 89 of the Family Law Act allows the court to make an order for interim distribution of family property to provide money to fund a family law proceeding. In Bartch v. Bartch, 2017 BCSC 210, this court set out the test governing interim distributions of family property as follows: a) the applicant must show an advance is required to adequately mount a challenge to the other spouse’s position at trial or pretrial; and b) the applicant must show that the advance or payment on an interim distribution basis will not jeopardize the other spouse’s position at trial, i.e., it will not be harmful to the interests of the spouse.
In addition to those factors, in MacFarlane v. Ponds, 2019 BCSC 544, the court also assessed whether the applicant had a reasonable prospect of success on the claims at trial. I now turn to a consideration of those three factors.
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