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Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"
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Further Topics and Overlapping Legal Issues in Family Law (view source)
Revision as of 04:55, 21 April 2013
, 04:55, 21 April 2013→Property and debt
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===Property and debt=== | ===Property and debt=== | ||
The ''[[Family Law Act]]'' is the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses, and, at Division 6 of Part 5, the act makes special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated | The ''[[Family Law Act]]'' is the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses, and, at Division 6 of Part 5, the act makes special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and almost impossible to understand. You will almost certainly need to speak to a lawyer to figure them out. | ||
Under s. 106 of the ''[[Family Law Act]]'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may | Under s. 106 of the ''[[Family Law Act]]'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a claim if: | ||
*the person against whom the claim is made, the '' | *the person against whom the claim is made, the ''respondent'', has made a claim for the division of property under the ''[[Family Law Act]]'', | ||
*the parties agree that the court should deal with the claim, | *the parties agree that the court should deal with the claim, | ||
*either party was "habitually resident" in the province when the court proceeding started, or | *either party was "habitually resident" in the province when the court proceeding started, or | ||
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*dividing property here to take into account the value of the property outside the province, | *dividing property here to take into account the value of the property outside the province, | ||
*making orders about respecting the care, management or use of the property outside the province, and | *making orders about respecting the care, management, or use of the property outside the province, and | ||
*making orders about ownership of the property outside the province. | *making orders about ownership of the property outside the province. | ||