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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)
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{{JP Boyd on Family Law TOC|expanded = assets}} | {{JP Boyd on Family Law TOC|expanded = assets}} | ||
If spouses are able to agree on how their property and debts will be divided, they can make a separation agreement setting out the terms of their agreement. If they can't agree, however, the court can make an order dividing their property and debt for them. | |||
by agree | |||
1. Determine whether the client is a “spouse” within the meaning of s. 3 of the Family Law Act. | |||
Do not proceed if the client is not a spouse; examine whether the circumstances support an unjust enrichment claim. | |||
2. Verify that the client’s claim in respect of property or debt is not out of time under s. 198(2). | |||
Do not proceed if the claim is out of time. | |||
3. Determine whether any other court may make an order respecting the division of property, pursuant to s. 106(1). | |||
If no other possible court, proceed under Part 5 Division 4. | |||
4. Determine whether the British Columbia make take jurisdiction under s. 106(2) and that it is not appropriate for another court to take jurisdiction under s. 106(4). | |||
Do not proceed if the court cannot take jurisdiction or declines jurisdiction. | |||
5. Determine the applicable law under s. 108(4) and (5). | |||
If the applicable law is the law of British Columbia, proceed under Part 5 Division 4. If the applicable law is other the law of British Columbia proceed under s. 97(2)(a) applying the foreign law. | |||
How done by ct order | |||
Relationship to sp supt | |||
Determining jurisdiction | |||
Local ppty | |||
Foregin ppty | |||
Equal sharing | |||
Reapportionment | |||
Division of excluded ppty | |||
Third party interests | |||
Problems | |||
How done by sep k | |||
Setting sep k aside | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
