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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 22:40, 3 April 2013
, 22:40, 3 April 2013→Family law agreements and contract Law
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Section 94(2) says that the court cannot make an order dividing property or debt in the face of an agreement on property and debt until it has set aside those parts of the agreement. As a result, if a spouse is unhappy with the terms of a separation agreement on property or debt, the spouse must first ask the court to set aside the agreement and second ask for an order about the division of property and debt. | Section 94(2) says that the court cannot make an order dividing property or debt in the face of an agreement on property and debt until it has set aside those parts of the agreement. As a result, if a spouse is unhappy with the terms of a separation agreement on property or debt, the spouse must first ask the court to set aside the agreement and second ask for an order about the division of property and debt. | ||
====Family law agreements and contract | ====Family law agreements and contract law==== | ||
Family law agreements are private contracts reached between two people. While family law agreements can be attacked and enforced on the principles of contract law, the court will usually give considerable weight to family law agreements. Without proof of some serious problem like duress or coercion, or some other issue, the court will treat the agreement as representing the honest and informed intentions of the parties to settle their dispute. | Family law agreements are private contracts reached between two people. While family law agreements can be attacked and enforced on the principles of contract law, the court will usually give considerable weight to family law agreements. Without proof of some serious problem like duress or coercion, or some other issue, the court will treat the agreement as representing the honest and informed intentions of the parties to settle their dispute. | ||
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*one party lied to the other party or hid information from that party, and these misleading representations were the basis on which the agreement was executed. | *one party lied to the other party or hid information from that party, and these misleading representations were the basis on which the agreement was executed. | ||
All of these arguments are based on the law of contracts, not on a particular piece of legislation. | All of these arguments are based on the law of contracts, not on a particular piece of legislation. | ||
====Agreements on property and debt and the ''Family Law Act''==== | ====Agreements on property and debt and the ''Family Law Act''==== | ||