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Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 13:54, 20 May 2013
, 13:54, 20 May 2013→Determining whether the court should make orders
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In other words, the court here can make an order if: | In other words, the court here can make an order if: | ||
#the claim about property | #the claim about property was made by a counterclaim in the court proceeding, | ||
#both spouses agree that the court should make orders about property and debt, | #both spouses agree that the court should make orders about property and debt, | ||
#either spouse normally lived here when the proceeding started, or | #either spouse normally lived here when the proceeding started, or | ||
# | #there is a "real and substantial connection" between this province and the proceeding. | ||
Section 106(3) helps to explain what "real and substantial connection" means: | Section 106(3) helps to explain what "real and substantial connection" means: | ||
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#the property is here, | #the property is here, | ||
#the spouses last lived together here, or | #the spouses last lived together here, or | ||
#the court proceeding includes a claim under the ''[[Divorce Act]]'' (the reason for this factor is that the '' | #the court proceeding includes a claim under the ''[[Divorce Act]]'' (the reason for this factor is that the ''Divorce Act'' requires a spouse to have lived in the province where he or she makes a claim under the act for at least one year before the court proceeding is started). | ||
As if this wasn't complicated enough, even if the court can make an order because one of the s. 106(2) conditions are met, under s. 106(4) the court can refuse to make orders for the division of property and debt. Section 106(5) says what the court must take into <span class="noglossary">account</span> in deciding to refuse to make orders: | As if this wasn't complicated enough, even if the court can make an order because one of the s. 106(2) conditions are met, under s. 106(4) the court can refuse to make orders for the division of property and debt. Section 106(5) says what the court must take into <span class="noglossary">account</span> in deciding to refuse to make orders: | ||
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<blockquote><blockquote><tt>(g) any other circumstances the court considers relevant.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(g) any other circumstances the court considers relevant.</tt></blockquote></blockquote> | ||
This is a little harder to boil down, but these factors essentially ask the court to think about what is cheapest, fastest and fairest for the spouses and | This is a little harder to boil down, but these factors essentially ask the court to think about what is cheapest, fastest and fairest for the spouses and will require the least number of court proceedings. | ||
====Determining the law to apply when the court may make orders==== | ====Determining the law to apply when the court may make orders==== | ||