Difference between revisions of "Marriage (3:III)"
Jump to navigation
Jump to search
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 123: | Line 123: | ||
=== 3. Substance of Contract === | === 3. Substance of Contract === | ||
The main part of the agreement usually deals with the division of property and debt in the event of a relationship breakdown. The agreement may provide for management and/or ownership of family | The main part of the agreement usually deals with the division of property and debt in the event of a relationship breakdown. The agreement may provide for management and/or ownership of family property during a marriage or cohabitation and/or when the relationship ends. The parties may also specify that neither party is responsible for debts of the other incurred either before or during the relationship. | ||
While it was once against public policy to contract in anticipation of future separation, section 92 of the ''FLA'' explicitly | While it was once against public policy to contract in anticipation of future separation, section 92 of the ''FLA'' explicitly anticipates such considerations in a marriage contract. Under the ''FLA'', spouses can agree on how to divide family property, and what debts or items are eligible for division. | ||
Section 93 of the ''FLA'' states that agreements respecting property division can be set aside for lack of procedural fairness, such as failure to disclose, where one party has taken advantage of the other, or where one spouse did not appreciate the consequences of the agreement. | Section 93 of the ''FLA'' states that agreements respecting property division can be set aside for lack of procedural fairness, such as failure to disclose, where one party has taken advantage of the other, or where one spouse did not appreciate the consequences of the agreement. | ||
| Line 141: | Line 141: | ||
''FLA'' section 44(3) holds that the written agreement may be given the force of a Court order if it is filed in a Supreme Court or Provincial Court registry. A Court must alter or set aside the terms of a parenting agreement if they are found not to be in the best interests of the child (s 44(4)), a concept discussed at length in this chapter. | ''FLA'' section 44(3) holds that the written agreement may be given the force of a Court order if it is filed in a Supreme Court or Provincial Court registry. A Court must alter or set aside the terms of a parenting agreement if they are found not to be in the best interests of the child (s 44(4)), a concept discussed at length in this chapter. | ||
Section 58 of the ''FLA'' outlines guidelines for agreements regarding contact with children. The ''FLA'' only emphasizes the importance of the best interests test, upgrading it from the “paramount” consideration to the “only” consideration. For more information on Parenting Time, see [[Parenting | Section 58 of the ''FLA'' outlines guidelines for agreements regarding contact with children. The ''FLA'' only emphasizes the importance of the best interests test, upgrading it from the “paramount” consideration to the “only” consideration. For more information on Parenting Time, see [[Parenting Time, Guardianship, and Access (3:XI) |Section XI: Parenting Time, Guardianship, and Access]]. | ||
==== b) Child Support ==== | ==== b) Child Support ==== | ||