Difference between revisions of "Dividing Property and Debt in Family Law Matters"

Dividing Property and Debt in Family Law Matters (view source)

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 ====Agreements on property and debt and the ''Family Law Act''====
-The ''[[Family Law Act]]'' provides some important rules about agreements dealing with property and debt. First, under s. 94(2), if there is an agreement about property and debt, the court cannot make an order dividing property and debt until the agreement is set aside. Second, under s. 93, two tests are set out to help the court decide when an agreement on property and debt should be set aside.
+The ''[[Family Law Act]]'' provides two tests to help the court decide when an agreement on property and debt should be set aside. Under the first test, at s. 93(3), the court must look at the situation of the parties when they were negotiating and executing the agreement. The court is required to consider whether these circumstances existed when the parties were making their agreement:
-Under the first test, at s. 93(3), the court must look at the situation of the parties when they were negotiating and executing the agreement. The court is required to consider whether these circumstances existed when the parties were making their agreement:
 <blockquote><tt>(a) a spouse failed to disclose income, significant property or debts, or other information relevant to the negotiation of the agreement;</tt></blockquote>