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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 16:58, 29 March 2013
, 16:58, 29 March 2013→Dividing Property and Debt Unequally
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====Dividing Property and Debt Unequally==== | ====Dividing Property and Debt Unequally==== | ||
Under s. 95(1) of the ''Family Law | Under s. 95(1) of the ''Family Law Act'', the court may divide family property or family debt unequally, but only if an equal division would be "significantly unfair". It's hard to say what "significantly unfair" means, because the ''Divorce Act'' doesn't use this phrase and the old ''Family Relations Act'' only talked about things that are just ''unfair'' and things that are ''grossly unfair''. It seems reasonable to assume that something which is significantly unfair is ''more unfair'' than something which is just unfair yet is ''less unfair'' than something that is grossly unfair. | ||
( | Section 95(2) provides a list of factors that the court may take into account in deciding whether an equal division of property and debt would be significantly unfair: | ||
<blockquote><tt>(2) For the purposes of subsection (1), the Supreme Court may consider one or more of the following:</tt></blockquote> | |||
<blockquote><blockquote><tt>(a) the duration of the relationship between the spouses;</tt></blockquote></blockquote> | |||
(2) For the purposes of subsection (1), the Supreme Court may consider one or more of the following: | <blockquote><blockquote><tt>(b) the terms of any agreement between the spouses, other than an agreement described in section 93 (1) [setting aside agreements respecting property division];</tt></blockquote></blockquote> | ||
(a) the duration of the relationship between the spouses; | <blockquote><blockquote><tt>(c) a spouse's contribution to the career or career potential of the other spouse;</tt></blockquote></blockquote> | ||
(b) the terms of any agreement between the spouses, other than an agreement described in section 93 (1) [setting aside agreements respecting property division]; | <blockquote><blockquote><tt>(d) whether family debt was incurred in the normal course of the relationship between the spouses;</tt></blockquote></blockquote> | ||
(c) a spouse's contribution to the career or career potential of the other spouse; | <blockquote><blockquote><tt>(e) if the amount of family debt exceeds the value of family property, the ability of each spouse to pay a share of the family debt;</tt></blockquote></blockquote> | ||
(d) whether family debt was incurred in the normal course of the relationship between the spouses; | <blockquote><blockquote><tt>(f) whether a spouse, after the date of separation, caused a significant decrease or increase in the value of family property or family debt beyond market trends;</tt></blockquote></blockquote> | ||
(e) if the amount of family debt exceeds the value of family property, the ability of each spouse to pay a share of the family debt; | <blockquote><blockquote><tt>(g) the fact that a spouse, other than a spouse acting in good faith,</tt></blockquote></blockquote> | ||
(f) whether a spouse, after the date of separation, caused a significant decrease or increase in the value of family property or family debt beyond market trends; | <blockquote><blockquote><blockquote><tt>(i) substantially reduced the value of family property, or</tt></blockquote></blockquote></blockquote> | ||
(g) the fact that a spouse, other than a spouse acting in good faith, | <blockquote><blockquote><blockquote><tt>(ii) disposed of, transferred or converted property that is or would have been family property, or exchanged property that is or would have been family property into another form, causing the other spouse's interest in the property or family property to be defeated or adversely affected;</tt></blockquote></blockquote></blockquote> | ||
(i) substantially reduced the value of family property, or | <blockquote><blockquote><tt>(h) a tax liability that may be incurred by a spouse as a result of a transfer or sale of property or as a result of an order;</tt></blockquote></blockquote> | ||
(ii) disposed of, transferred or converted property that is or would have been family property, or exchanged property that is or would have been family property into another form, causing the other spouse's interest in the property or family property to be defeated or adversely affected; | <blockquote><blockquote><tt>(i) any other factor, other than the consideration referred to in subsection (3), that may lead to significant unfairness.</tt></blockquote></blockquote> | ||
(h) a tax liability that may be incurred by a spouse as a result of a transfer or sale of property or as a result of an order; | |||
(i) any other factor, other than the consideration referred to in subsection (3), that may lead to significant unfairness. | |||
sd as | |||
(3) The Supreme Court may consider also the extent to which the financial means and earning capacity of a spouse have been affected by the responsibilities and other circumstances of the relationship between the spouses if, on making a determination respecting spousal support, the objectives of spousal support under section 161 [objectives of spousal support] have not been met. | |||
====Dividing Excluded Property==== | ====Dividing Excluded Property==== | ||
