Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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===Property and Debt outside British Columbia=== | ===Property and Debt outside British Columbia=== | ||
Division 6 of Part 5 of the ''Family Law Act'' has a complicated test that the court must apply to determine whether it can and should make orders dividing property and debt between spouses when another court could also make orders about the same people and the same property; this was discussed earlier in this page under the heading "Determining Jurisdiction". | Division 6 of Part 5 of the ''Family Law Act'' has a complicated test that the court must apply to determine whether it can and should make orders dividing property and debt between spouses when another court could also make orders about the same people and the same property; this was discussed earlier in this page under the heading "Determining Jurisdiction". If the court decides that it can make orders, it can, in certain circumstances, also make orders about property located outside the province under s 109(2): | ||
<blockquote><tt>(2) For the purposes of dividing extraprovincial property, the Supreme Court, on application by a spouse, may make an order to do one or more of the following:</tt></blockquote> | <blockquote><tt>(2) For the purposes of dividing extraprovincial property, the Supreme Court, on application by a spouse, may make an order to do one or more of the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) instead of dividing the extraprovincial property,</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) instead of dividing the extraprovincial property,</tt></blockquote></blockquote> | ||
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<blockquote><blockquote><blockquote><tt>(iv) provide for any other matter in connection with the extraprovincial property;</tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(iv) provide for any other matter in connection with the extraprovincial property;</tt></blockquote></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) if the court is satisfied that it would be enforceable in the jurisdiction in which the extraprovincial property is located, provide for non-monetary relief.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) if the court is satisfied that it would be enforceable in the jurisdiction in which the extraprovincial property is located, provide for non-monetary relief.</tt></blockquote></blockquote> | ||
To put this another way: | |||
#under s. 109(2)(a), the court can divide family property here unequally to compensate for property outside the province, just like how the court can divide excluded property for the same reason under s. 96(a); | |||
#under s. 109(2)(b)(i), the court can make a kind of restraining order to stop the property from being sold, just like how the court can make restraining orders about property inside the province under s. 91(1); and, | |||
#under s. 109(2)(b)(ii) and (iii) and s. 109(3), the court can make orders about which spouse should be able to possess or own the foreign property. | |||
==Separation Agreements for the Division of Property and Debt== | ==Separation Agreements for the Division of Property and Debt== | ||