Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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{{JP Boyd on Family Law TOC|expanded = assets}} | {{JP Boyd on Family Law TOC|expanded = assets}} | ||
If spouses are able to agree on how their property and debts will be divided, they can make a separation agreement setting out the terms of their agreement. If they can't agree, however, the court can make an order dividing their property and debt for them. | |||
by agree | |||
1. Determine whether the client is a “spouse” within the meaning of s. 3 of the Family Law Act. | |||
Do not proceed if the client is not a spouse; examine whether the circumstances support an unjust enrichment claim. | |||
2. Verify that the client’s claim in respect of property or debt is not out of time under s. 198(2). | |||
Do not proceed if the claim is out of time. | |||
3. Determine whether any other court may make an order respecting the division of property, pursuant to s. 106(1). | |||
If no other possible court, proceed under Part 5 Division 4. | |||
4. Determine whether the British Columbia make take jurisdiction under s. 106(2) and that it is not appropriate for another court to take jurisdiction under s. 106(4). | |||
Do not proceed if the court cannot take jurisdiction or declines jurisdiction. | |||
5. Determine the applicable law under s. 108(4) and (5). | |||
If the applicable law is the law of British Columbia, proceed under Part 5 Division 4. If the applicable law is other the law of British Columbia proceed under s. 97(2)(a) applying the foreign law. | |||
How done by ct order | |||
Relationship to sp supt | |||
Determining jurisdiction | |||
Local ppty | |||
Foregin ppty | |||
Equal sharing | |||
Reapportionment | |||
Division of excluded ppty | |||
Third party interests | |||
Problems | |||
How done by sep k | |||
Setting sep k aside | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
Revision as of 02:14, 28 March 2013
If spouses are able to agree on how their property and debts will be divided, they can make a separation agreement setting out the terms of their agreement. If they can't agree, however, the court can make an order dividing their property and debt for them.
by agree
1. Determine whether the client is a “spouse” within the meaning of s. 3 of the Family Law Act.
Do not proceed if the client is not a spouse; examine whether the circumstances support an unjust enrichment claim.
2. Verify that the client’s claim in respect of property or debt is not out of time under s. 198(2).
Do not proceed if the claim is out of time.
3. Determine whether any other court may make an order respecting the division of property, pursuant to s. 106(1).
If no other possible court, proceed under Part 5 Division 4.
4. Determine whether the British Columbia make take jurisdiction under s. 106(2) and that it is not appropriate for another court to take jurisdiction under s. 106(4). Do not proceed if the court cannot take jurisdiction or declines jurisdiction.
5. Determine the applicable law under s. 108(4) and (5).
If the applicable law is the law of British Columbia, proceed under Part 5 Division 4. If the applicable law is other the law of British Columbia proceed under s. 97(2)(a) applying the foreign law.
How done by ct order
Relationship to sp supt
Determining jurisdiction
Local ppty
Foregin ppty
Equal sharing
Reapportionment
Division of excluded ppty
Third party interests
Problems
How done by sep k Setting sep k aside
Further Reading in this Chapter
- bulleted list of other pages in this chapter, linked
Page Resources and Links
Legislation
- bulleted list of linked legislation referred to in page
Family Law Act, Divorce Act, Constutution Act 1867 at least
Links
- bulleted list of linked external websites referred to in page
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