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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 04:14, 29 March 2013
, 04:14, 29 March 2013→Determining Jurisdiction
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<blockquote><blockquote><tt>(g) any other circumstances the court considers relevant.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(g) any other circumstances the court considers relevant.</tt></blockquote></blockquote> | ||
This is a little harder to boil down, but these factors essentially ask the court to think about what is cheapest, fastest and fairest for the spouses. | This is a little harder to boil down, but these factors essentially ask the court to think about what is cheapest, fastest and fairest for the spouses and requires the least number of court proceedings. | ||
====Determining the Law to Apply When the Court May Make Orders==== | ====Determining the Law to Apply When the Court May Make Orders==== | ||
3. Under s. 108(3), where the parties have an agreement requiring the application of the laws of a particular jurisdiction, the agreement can be enforced according to the laws of that jurisdiction; | |||
4. Under s. 108(4), if the parties’ first common habitual residence was a jurisdiction in which the law deems spouses to be joint owners of all property or joint owners of property acquired during the marriage, then property must be divided according to | |||
a. the terms of any agreement between the parties, or | |||
b. the law of the parties’ first common habitual residence; | |||
5. However, if neither circumstance exists, then the parties’ rights in a claim under Part 5 must be determined by applying: | |||
a. the law of the parties’ first common habitual residence; | |||
b. if the parties’ first matrimonial domicile was outside of Canada and is not the domicile “most closely associated” with the parties’ relationship, then the law of the jurisdiction that is most closely associated with the parties’ relationship; or, | |||
c. if the parties did not have a common habitual residence, then the law of the habitual residence of the spouse applying for the order under Part 5. | |||
6. If the court takes jurisdiction to divide property and the applicable law is the Family Law Act, the court may then make orders as appropriate under Part 5 Division 4. | |||
===Property and Debt in British Columbia=== | ===Property and Debt in British Columbia=== | ||
