Anonymous

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

From Clicklaw Wikibooks
Line 9: Line 9:
Whether you're able to settle how property and debt are going to be shared by agreement or if you're going to need a court order, it's important to understand how the ''Family Law Act'' works. If you're going to start a court proceeding, the court will be required to divide property using the rules set out in the act; if you're going to be able to settle your property issues, the act will be used to measure the fairness of your agreement if either of you ever try to get out of the agreement in the future.
Whether you're able to settle how property and debt are going to be shared by agreement or if you're going to need a court order, it's important to understand how the ''Family Law Act'' works. If you're going to start a court proceeding, the court will be required to divide property using the rules set out in the act; if you're going to be able to settle your property issues, the act will be used to measure the fairness of your agreement if either of you ever try to get out of the agreement in the future.


===The Plan of the ''Family Law Act''===
===The Overall Plan of the ''Family Law Act'' on Property and Debt===


Part 5 of the ''Family Law Act'' talks about the division of family property and family debt between spouses. It says what counts as family property and family debt, and which property is excluded from family property. It talks about when family property and family debt can be divided unequally and the circumstances in which excluded property may be divided between spouses. Part 6 talks about how pensions, which Part 5 says are family property, get divided between spouses. This is how Part 5 works...
Part 5 of the ''Family Law Act'' talks about the division of family property and family debt between spouses. It says what counts as family property and family debt, and which property is excluded from family property. It talks about when family property and family debt can be divided unequally and the circumstances in which excluded property may be divided between spouses. Part 6 talks about how pensions, which Part 5 says are family property, get divided between spouses. This is how Part 5 works...