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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 13:56, 20 May 2013
, 13:56, 20 May 2013→Determining the law to apply when the court may make orders
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''You should skip this discussion if no court other than the court of British Columbia can make orders about you, your spouse, and your property.'' | ''You should skip this discussion if no court other than the court of British Columbia can make orders about you, your spouse, and your property.'' | ||
Assuming, then, that the court here has decided that it has the authority to make orders for the division of property and debt because one of the s. 106(2) factors is met, and that it hasn't decided to refuse to make orders anyway under s. 106(4), the next thing to figure out is the law that the court should use in deciding how the property and debt should be divided under ss. 107 and 108. That law could be the law of British Columbia | Assuming, then, that the court here has decided that it has the authority to make orders for the division of property and debt because one of the s. 106(2) factors is met, and that it hasn't decided to refuse to make orders anyway under s. 106(4), the next thing to figure out is the law that the court should use in deciding how the property and debt should be divided under ss. 107 and 108. That law could be the law of British Columbia, namely Part 5 of the ''[[Family Law Act]]'', or it could be the law of another place. | ||
Section 108 is just as complicated as s. 106 | Section 108 is just as complicated as s. 106, but what it all comes down to is this: | ||
#under s. 108(3), if the spouses have an agreement that says the law of a particular place must be used, the law the court must use is the law of that particular place, | #under s. 108(3), if the spouses have an agreement that says the law of a particular place must be used, the law the court must use is the law of that particular place, | ||
