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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 00:24, 3 May 2013
, 00:24, 3 May 2013→Dividing property and debt unequally
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Under s. 95(1) of the ''[[Family Law Act]]'', the court may divide family property or family debt unequally, but only if an equal division would be "significantly unfair." It's hard to say what "significantly unfair" means, because the ''[[Divorce Act]]'' doesn't use this phrase and the old ''Family Relations Act'' only talked about things that are just ''unfair'' and things that are ''grossly unfair''. It seems reasonable to assume that under the new ''[[Family Law Act]]'', something that is "significantly unfair" is ''more unfair'' than something which is just "unfair" yet is ''less unfair'' than something that is "grossly unfair." | Under s. 95(1) of the ''[[Family Law Act]]'', the court may divide family property or family debt unequally, but only if an equal division would be "significantly unfair." It's hard to say what "significantly unfair" means, because the ''[[Divorce Act]]'' doesn't use this phrase and the old ''Family Relations Act'' only talked about things that are just ''unfair'' and things that are ''grossly unfair''. It seems reasonable to assume that under the new ''[[Family Law Act]]'', something that is "significantly unfair" is ''more unfair'' than something which is just "unfair" yet is ''less unfair'' than something that is "grossly unfair." | ||
Section 95(2) provides a list of factors that the court may take into account in deciding whether an equal division of property and debt would be significantly unfair: | Section 95(2) provides a list of factors that the court may take into <span class="noglossary">account</span> in deciding whether an equal division of property and debt would be significantly unfair: | ||
<blockquote><tt>(2) For the purposes of subsection (1), the Supreme Court may consider one or more of the following:</tt></blockquote> | <blockquote><tt>(2) For the purposes of subsection (1), the Supreme Court may consider one or more of the following:</tt></blockquote> | ||
