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Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued. | Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued. | ||
== B. Divorce Act == | == B. Legislation == | ||
#Divorce Act [DA] | |||
The DA does not deal with property division. | |||
#Family Law Act [FLA] | |||
Section 81 of the FLA outlines that each spouse is entitled to an undivided, one-half interest of family property and is equally responsible for debt upon separation (Stonehouse v Stonehouse, 2014 BCSC 1057; Joffres v Joffres, 2014 BCSC 1778). However, the FLA substantially changes what is considered to be family property, essentially allowing spouses to keep property they bring into a relationship and share only in the increase in value of that property and the net value of new property obtained after cohabitation or marriage. | |||
The FLA carves out a category of excluded property under section 85. Section 85 (1) of the FLA reads as follows: | |||
The following is excluded from family property: | |||
* (a) Pproperty acquired by a spouse before the relationship between the spouses began; | |||
* (b) Iinheritances to a spouse; | |||
** (b.1) Ggifts to a spouse from a third party; | |||
*(c) Aa settlement or an award of damages to a spouse as compensation for injury or loss, unless the settlement or award represents compensation for | |||
** (i) Lloss to both spouses, or | |||
** (ii) Llost income of a spouse; | |||
*(d) Mmoney paid or payable under an insurance policy, other than a policy respecting property, except any portion that represents compensation for | |||
** (i) Lloss to both spouses, or | |||
** (ii) Llost income of a spouse; | |||
* (e) Pproperty referred to in any of paragraphs (a) to (d) that is held in trust for the benefit of a spouse; | |||
* (f) Aa spouse's beneficial interest in property held in a discretionary trust | |||
** (i) Tto which the spouse did not contribute, and | |||
** (ii) Tthat is settled by a person other than the spouse; | |||
* (g) Pproperty derived from property or the disposition of property referred to in any of paragraphs (a) to (f). | |||
== C. Types of Assets == | |||
== D. Use of Assets == | |||
== E. Unmarried Couples == | |||
== F. Interim Relief == | |||
== G. Limitation Period == | |||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} |
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