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Difference between revisions of "Protecting Property and Debt in Family Law Matters"
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Protecting Property and Debt in Family Law Matters (view source)
Revision as of 15:34, 27 March 2013
, 15:34, 27 March 2013→Financial Restraining Orders
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Remember that the Provincial Court does not have the power to make orders affecting property, including restraining orders about property. | Remember that the Provincial Court does not have the power to make orders affecting property, including restraining orders about property. | ||
=== | ===The ''Family Law Act''=== | ||
The easiest way for married and unmarried spouses to obtain a financial restraining order is to apply for an order under s. 91(1) of the ''Family Law Act''. This section says that: | The easiest way for married and unmarried spouses to obtain a financial restraining order is to apply for an order under s. 91(1) of the ''Family Law Act''. This section says that: | ||
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This is an important order and should probably be applied for whenever a claim is being made for the division of property. Again, this is a matter of simply being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious. | This is an important order and should probably be applied for whenever a claim is being made for the division of property. Again, this is a matter of simply being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious. | ||
=== | ===The Rules of Court=== | ||
Rule 12-4 of the Supreme Court Family Rules gives the court the authority to make a general restraining order, also called an ''injunction'', to make someone to do something or not do something. The potential scope of these restraining orders is very broad, and can include, for example, a restraining order identical to that provided for in s. 91 of the ''Family Law Act'' as well as an order stopping someone from racking up debt by drawing on credit cards and lines of credit. | Rule 12-4 of the Supreme Court Family Rules gives the court the authority to make a general restraining order, also called an ''injunction'', to make someone to do something or not do something. The potential scope of these restraining orders is very broad, and can include, for example, a restraining order identical to that provided for in s. 91 of the ''Family Law Act'' as well as an order stopping someone from racking up debt by drawing on credit cards and lines of credit. | ||
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#the inconvenience that will be suffered by your spouse as a result of the injunction is less severe than the inconvenience you will suffer if the injunction isn't granted. | #the inconvenience that will be suffered by your spouse as a result of the injunction is less severe than the inconvenience you will suffer if the injunction isn't granted. | ||
=== | ===The ''Law and Equity Act''=== | ||
Section 39 of the provincial ''Law and Equity Act'' does pretty much the same thing as Rule 12-4 of the Supreme Court Family Rules. Section 39 says this: | Section 39 of the provincial ''Law and Equity Act'' does pretty much the same thing as Rule 12-4 of the Supreme Court Family Rules. Section 39 says this: | ||
