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Difference between revisions of "Family Law Act Basics"

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Remember that no one is automatically entitled to get spousal support the way a child is automatically entitled to benefit from child support. Anyone who is a spouse can ask for spousal support, but being able to ask doesn’t mean they’ll get it. They must also show that they are entitled to spousal support.
Remember that no one is automatically entitled to get spousal support the way a child is automatically entitled to benefit from child support. Anyone who is a spouse can ask for spousal support, but being able to ask doesn’t mean they’ll get it. They must also show that they are entitled to spousal support.
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===What does the ''Family Law Act'' cover?===
The ''[[Family Law Act]]'' talks about:
*family violence, and protecting adults and children from violence,
*determining who is a child’s parent,
*having children through assisted reproduction,
*determining who is the guardian of a child, and how guardians are appointed and removed,
*how guardians share responsibility for decision-making and caring for children,
*the time someone has with a child who isn’t the child’s guardian,
*what happens when a guardian wants to move, including with a child,
*enforcing time with a child provided under an order or an agreement,
*paying child support and how child support is calculated,
*paying spousal support,
*preserving property so that it can be divided,
*dividing property and dividing responsibility for debt,
*dividing property located outside the province, and
*managing children’s property.
The act, in other words, covers everything except adoption, child protection and wills issues!
==The law about children==
===How are decisions about children made?===
The ''[[Family Law Act]]'' says that parents, judges, and other decision-makers must make decisions about children considering only the children’s best interests and nothing else.
====Determining the best interests of children====
To decide what is in a child’s best interest, parents and judges must consider all of the needs and circumstances of the child, as well as number of factors that are listed at s. 37. These factors include:
*the child’s health and emotional well-being,
*the views of the child, unless it wouldn’t be appropriate to consider them,
*the history of the child’s care and the child’s need for stability,
*the child’s relationships with other important people,
*any court proceedings that are relevant to the child’s safety and well-being, and
*the impact of any family violence.
====The best interests of children and family violence====
When family violence is an issue, parents and judges must consider the best-interests factors at s. 37, as well as a list of considerations set out at s. 38, to help assess the impact of the family violence on the child and on a person’s capacity to care for the child. These considerations include:
*the severity of the family violence,
*the frequency of the family violence,
*whether the violence was directed toward the child, and
*the "harm to the child's physical, psychological and emotional safety, security and well-being as a result of the family violence."
The ''[[Family Law Act]]'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible.
====The best interests of children and children’s views====
Under s. 211 of the ''[[Family Law Act]]'', the court can order that a family justice counsellor, a social worker, or another person like a clinical counsellor or a psychologist, assess one or more of:
*the needs of a child,
*the views of a child, and
*the ability of a person to meet the child’s needs.
Views of the child reports can also be ordered under s. 37(2)(b).  These reports usually just describe the child’s views without making an assessment or recommendations, and are often much cheaper and faster to get than an assessment under s. 211.
===Who is a parent?===
Under the ''[[Family Law Act]]'', a child’s parents are the child’s birth mother and biological father. If the court is not sure who the child’s father is, the court can order medical tests to determine who the father is under s. 33.
When people have a child through assisted reproduction, a person who donates eggs or sperm is not presumed to be a parent. However, a woman who is a surrogate mother is presumed to be a parent. The ''[[Family Law Act]]'' lets people make agreements when they have a child through assisted reproduction. These agreements can say who is a parent and who isn’t. The people who can be a parent under an assisted reproduction agreement are:
*up to two people who want to have the child,
*a donor of sperm,
*a donor of eggs, and
*a surrogate mother and the spouse of the surrogate mother.
Under the ''[[Family Law Act]]'', a child can have more than two parents. The courts have yet to figure out how child support <span class="noglossary">will</span> work in situations like this.
===Who is a guardian?===
Under the ''[[Family Law Act]]'', the people who are responsible for caring for a child are ''guardians''. A child can have one guardian, two guardians, or more than two guardians. Most of the time, a child’s parents <span class="noglossary">will</span> be the child’s guardians, as long as the parents have lived with the child. A parent who never lived with a child isn’t a guardian unless:
*the court makes an order that the parent is a guardian,
*the parent and the child’s other guardians make an agreement that the parent is a guardian,
*the parent "regularly cares" for the child, or
*the parent is a parent because of an assisted reproduction agreement.
The court can make an order that someone who isn’t a parent is the guardian of a child. The court can also make an order that someone who is a guardian is no longer a guardian. Both the Provincial Court and the Supreme Court can make orders about guardianship.
It's important to know that a guardian's spouse or partner doesn’t become a guardian to a child just because of his or her relationship with the child’s guardian. The only way for a spouse or partner to become a guardian is to be appointed as a guardian by the court.
===What are parental responsibilities?===
The different ways that guardians care for a child and the decisions guardians have to make are called ''parental responsibilities.'' Parental responsibilities are listed at s. 41 of the ''[[Family Law Act]]'' and include:
*making decisions about the day-to-day care of the child,
*deciding where the child <span class="noglossary">will</span> live,
*making decisions about the child’s schooling and extracurricular activities,
*making decisions about the child’s health care, and
*deciding how the child <span class="noglossary">will</span> be raised, including making decisions about things like religion, language, and culture.
When a child has more than one guardian, the guardians must usually make these decisions together. However, the guardians can agree or the court can order that only one guardian should have a particular parental responsibility. Both the Provincial Court and the Supreme Court can make orders about parental responsibilities.
If the child’s guardians can’t agree on a particular decision, they can go to see a family justice counsellor, a mental health professional, or a mediator to help them make the decision, or they can go to court.
Remember that only guardians have parental responsibilities and the right to make decisions for a child.
===What happens if a guardian can’t exercise parental responsibilities?===
If a guardian is temporarily unable to exercise his or her parental responsibilities, the guardian can authorize someone else to manage certain responsibilities. This person doesn’t become a guardian but can:
*make decisions about the day-to-day care of the child,
*make decisions about the child’s schooling and extracurricular activities,
*make decisions about the child’s health care, and
*give or withhold permission on behalf of a child, like about going on a school field trip or having a medical treatment.
This is useful when a guardian is going to be sick or <span class="noglossary">will</span> be out of town for a period of time and someone else needs to care for the child, or if a child from outside British Columbia <span class="noglossary">will</span> be going to school here and an adult is needed to care for the child.
===What happens if a guardian has a terminal illness or dies?===
Under the ''Family Law Act'', a guardian can appoint someone to take over and <span class="noglossary">act</span> as the child’s guardian if:
*the guardian has a terminal illness,
*the guardian is going to be permanently unable to care for the child because of a mental illness, or
*the guardian dies.
The new person takes over as guardian when the first guardian dies or becomes unable to exercise parental responsibilities.
It's important to know that a parent who is not a guardian does not automatically become the child’s guardian when a guardian dies. If that parent wants to become the child’s guardian, he or she <span class="noglossary">will</span> have to be appointed as a guardian by the court.
===What's the different between parenting time and contact?===
The time a guardian has with a child is called ''parenting time''. During a guardian’s parenting time, the guardian is responsible for the care of the child and has the right to make day-to-day decisions for the child.
The time that someone who isn’t a guardian has with a child is called ''contact''. Parents who aren’t guardians, other relatives of a child, and people who aren’t a child’s relative can have contact with the child. Someone with contact ''does not'' have the right to make day-to-day decisions for the child.
===How do agreements and orders about parenting time and contact work?===
Agreements about parenting time and contact can be made by the child’s guardians. The court can make orders about parenting time and contact.  Both the Provincial Court and the Supreme Court can make orders about parenting time and contact.
Agreements and orders about parenting time and contact can set a fixed schedule of time with a child or they can say that the parenting time or contact will happen when everyone agrees, as the child prefers or on some other term.  Parenting time and contact can also be on conditions, for example that the person will not smoke or drink during his or her time with the child, or be supervised.
Remember that only guardians have parenting time. Everyone else has contact with a child.
===How are parenting time and contact enforced?===
The ''Family Law Act'' gives the court the power to enforce parenting time and contact when:
*parenting time or contact has been "wrongfully withheld" from a person entitled to parenting time or contact, or
*a person with parenting time or contact fails to use his or her parenting time or contact.
In certain situations, it isn’t "wrongful" to withhold a child from a person entitled to parenting time or contact. Under s. 62, it isn’t wrongful to withhold a child if:
*the guardian with the child believes there is a risk of family violence, or that the other person is impaired by alcohol or drugs,
*the child is sick, and the guardian with the child has a doctor’s note,
*the other person has frequently failed to use his or her parenting time or contact in the past, or
*the other person told the guardian ahead of time that the parenting time or contact wasn’t going to be used.
The court can make a number of orders to enforce parenting time and contact, including requiring:
*make-up time, when parenting time or contact was wrongfully withheld,
*a person or a child to attending counselling,
*the parties to try to resolve their dispute outside of court,
*payment of a party’s expenses, or
*payment of up to $5,000 to a person or as a fine.
Applications about the wrongful withholding of parenting time or contact must be brought within a year of when the parenting time or contact was withheld.
===What happens if a guardian wants to move?===
If a guardian wants to move, with or without a child, and the move <span class="noglossary">will</span> have an impact on the child’s relationship with another guardian or someone who has contact with the child, the guardian must usually give 60 days’ notice of the move, in writing. The notice must say where the guardian plans on moving to and when the guardian plans on moving. See the discussion on relocation in the page on [[Changing_Family_Law_Orders_and_Agreements_Involving_Children#Relocating_with_or_without_a_child | Changing Family Law Orders and Agreements Involving Children]] for more information.
Only other guardians can object when a guardian plans on moving. If a guardian objects, he or she has 30 days to go to court to get an order preventing the move. Remember that only a guardian can object to a proposed move! Someone who has contact can't prevent a guardian from moving.
When a guardian objects, the guardian who wants to move must show the court that:
*he or she wants to move in "good faith," and
*he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, with people who have contact with the child, and with others who have an important role in the child’s life.
The guardian who objects to the move must then show that the move is not in the best interests of the child or the move <span class="noglossary">will</span> be allowed.
When a guardian objects and the moving guardian and the objecting guardian share the child’s time equally or almost equally, the guardian who wants to move must show the court that:
*he or she wants to move in good faith,
*he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, with people who have contact with the child, and with others who have an important role in the child’s life, and
*the move is in the child’s best interests.
''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life.
==The law about child support==
===Who is entitled to get child support?===
Child support is usually paid to support children who are under the age of 19, or who are 19 or older but are unable to support themselves, including because they are going to college or university.
Under the ''Family Law Act'', children who are younger than age 19 can stop being entitled to child support if:
*they become a spouse, or
*they withdraw from the care of their parents or guardians, as long as they aren't withdrawing because of family violence or because of poor living conditions.
Child support is usually paid to the person whom the child mostly lives with. Child support can sometimes be paid directly to the child, usually if the child is 19 or older and living away from home and going to college or university.
===Who is required to pay child support?===
All of a child’s parents and guardians are required to support the child. The person with whom the child lives most often is presumed to meet his or her support obligation through the many tangible and intangible ways that he or she cares for the child living in his or her home. Everyone else pays child support, and more than one person can be required to pay child support at the same time for the same child.
In certain circumstances, stepparents can also be required to pay child support. A ''stepparent'' is the married or unmarried spouse of a parent, as long as:
*the spouse has contributed to the child’s <span class="noglossary">costs</span> for at least one year, and
*the claim for child support is made within one year of the spouse’s last contribution to the child’s <span class="noglossary">costs</span>.
Remember that under the ''[[Divorce Act]]'', a stepparent is someone who is married to a parent and "stands in the place of a parent." This is a different legal test.
===How is the amount of child support calculated?===
Child support is determined by the Child Support Guidelines. Most of the time, child support is simple to figure out: you find the Guidelines tables for the province or territory where the payor lives and look up the amount payable based on the payor’s income and the number of children support is being paid for. Child support can get more complicated when:
*a child is 19 or older,
*the payor has an income of more than $150,000 per year,
*the payor is a stepparent or a guardian who isn't a parent,
*one or more children live mostly with each guardian, called ''split custody'',
*the guardians share the children’s time equally or almost equally, called ''shared custody'', or
*the payment of the tables amount would cause "undue hardship" to either the recipient or the payor.
The ''Family Law Act'' doesn’t change how any of these problems are handled. What the ''Family Law Act'' does change is the calculation of child support for guardians who are not parents and for stepparents. Under the act, the child support obligations of guardians who are not parents come second to the obligations of parents. The child support obligations of stepparents come second to both parents and guardians, and the amount of support a stepparent should pay is based on:
*the child’s standard of living when he or she lived with the stepparent, and
*the length of time the child lived with the stepparent.
More information about how child support is calculated is available in the [[Child Support]] chapter, particularly in the sections on the [[Child Support Guidelines|Guidelines]] and the [[Exceptions_to_the_Child_Support_Guidelines|Exceptions to the Guidelines]].
===How is child support paid?===
People can make agreements and the court can make orders about who should pay child support and about how much support should be paid. Both the Provincial Court and the Supreme Court can make orders about child support.
Most of the time, child support is paid every month, usually on the first day of the month. It is possible for child support to be paid in a single lump sum, but this is very rare. Payors can be required to pay by giving the recipient a series of post-dated cheques. However child support gets paid, it's important for the payor to keep a record of how much was paid and when it was paid, perhaps from receipts provided by the recipient, from cancelled cheques or from bank statements. This can help prevent arguments about whether a payment was late or missed altogether.
===What about if the payor dies?===
If the payor has a life insurance policy, the parties can agree and the court can order that the payor keep the policy up to date and name a person, usually the recipient, as the beneficiary of the policy. This way, the child <span class="noglossary">will</span> still be supported if the payor dies.
The parties can agree and the court can order that the payor’s obligation to pay child support <span class="noglossary">will</span> continue after the payor’s death and be paid from his or her estate.  Court orders about this can be made at the time the child support order is made or after the payor’s death.
==The law about spousal support==
===Who is entitled to ask for spousal support?===
Only spouses can ask for spousal support. Under the ''Family Law Act'', for the purposes of spousal support, ''spouse'' includes people who:
*are married to each other or used to be married to each other,
*have lived together in a "marriage-like relationship" for at least two years, and
*have lived together in a marriage-like relationship for less than two years and have had a child together.
A spouse’s entitlement to spousal support is determined based on factors taken from the ''[[Divorce Act]]'', set out at s. 161 of the ''Family Law Act''.
Remember that no one is automatically entitled to get spousal support the way a child is automatically entitled to benefit from child support. Anyone who is a spouse can ''ask'' for spousal support, but being able to ask doesn’t mean you’ll get it. Someone asking for spousal support also show that he or she is ''entitled'' to spousal support.


===When do claims for spousal support have to be made?===
===When do claims for spousal support have to be made?===
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Remember that there are no limits to when married spouses can ask for spousal support under the ''[[Divorce Act]]''.
Remember that there are no limits to when married spouses can ask for spousal support under the ''[[Divorce Act]]''.


The two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer, or an arbitrator.
It's important to know that under s. 198(5), the two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator.


===How are the amount and duration of spousal support calculated?===
===How are the amount and duration of spousal support calculated?===
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When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called ''duration'', is determined based on factors taken from the ''[[Divorce Act]]'', set out at s. 162 of the ''[[Family Law Act]]''.   
When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called ''duration'', is determined based on factors taken from the ''[[Divorce Act]]'', set out at s. 162 of the ''[[Family Law Act]]''.   


The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html Spousal Support Advisory Guidelines]. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''[[Family Law Act]]'' does not mention the Advisory Guidelines.
The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/index.html Spousal Support Advisory Guidelines]. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''[[Family Law Act]]'' does not mention the Advisory Guidelines. However, the Advisory Guidelines can be very helpful to figure out how much should be paid and how long it should be paid for.


More information about spousal support is available in the [[Spousal Support]] chapter and the section on the [[The_Spousal_Support_Advisory_Guidelines|Advisory Guidelines]].
More information about spousal support is available in the [[Spousal Support]] chapter and the section on the [[The_Spousal_Support_Advisory_Guidelines|Advisory Guidelines]].
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People can make agreements and the court can make orders about who should pay spousal support and about how much support should be paid.  Both the Provincial Court and the Supreme Court can make orders about spousal support.
People can make agreements and the court can make orders about who should pay spousal support and about how much support should be paid.  Both the Provincial Court and the Supreme Court can make orders about spousal support.


Most of the time, spousal support is paid every month, usually on the first day of the month. It is possible for spousal support to be paid in a single lump sum. Payors can be required to pay by giving the recipient a series of post-dated cheques.
Most of the time, spousal support is paid every month, usually on the first day of the month. If child support is also being paid, child support and spousal support payments can be staggered if that's fair to both parties. It is possible for spousal support to be paid in a single lump sum. Payors can be required to pay by giving the recipient a series of post-dated cheques.


===Are there tax consequences?===
===Are there tax consequences?===


There are tax consequences when spousal support is paid on a regular basis. Spousal support is tax neutral when it is paid as a single lump sum.
There are tax consequences when spousal support is paid on a regular, repeating basis. Spousal support is tax neutral when it is paid as a single lump sum.


The recipient of regular payments of spousal support must declare the support received in his or her income tax return and pay tax on it, just as if the support payments were employment income. The payor can deduct the spousal support paid from his or her taxable income, like how RRSP contributions can be deducted from taxable income. This usually means that the recipient has to pay tax at the end of the year while the payor gets a tax refund.
The recipient of regular payments of spousal support must declare the support received in his or her income tax return and pay tax on it, just as if the support payments were employment income. The payor can deduct the spousal support paid from his or her taxable income, like how RRSP contributions can be deducted from taxable income. This usually means that the recipient has to pay tax at the end of the year while the payor gets a tax refund.
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It can sometimes be very difficult to figure out when spousal support should end. The person getting support usually wants support to continue for as long as possible. The person paying support wants support to end as soon as possible. It is hard to settle on an end date if, for example, it’s not known when a spouse <span class="noglossary">will</span> finish job training, become self-sufficient, or recover from an illness.  
It can sometimes be very difficult to figure out when spousal support should end. The person getting support usually wants support to continue for as long as possible. The person paying support wants support to end as soon as possible. It is hard to settle on an end date if, for example, it’s not known when a spouse <span class="noglossary">will</span> finish job training, become self-sufficient, or recover from an illness.  


People often try to avoid this problem by agreeing that spousal support <span class="noglossary">will</span> be paid for now, but that the support <span class="noglossary">will</span> be reconsidered in a ''review'', after a certain amount of time has passed or when a certain event has happened.  
People often try to avoid this problem by agreeing that spousal support <span class="noglossary">will</span> be paid for now, but that the support <span class="noglossary">will</span> be reconsidered in a ''review'', after a certain amount of time has passed or when a certain event has happened. The ''[[Family Law Act]]'' says that agreements and orders for spousal support can be ''reviewable''. Agreements and orders for reviewable spousal support can specify:
 
The ''[[Family Law Act]]'' says that agreements and orders for spousal support can be reviewable. Agreements and orders for reviewable spousal support can specify:


*what <span class="noglossary">will</span> trigger the review,
*what <span class="noglossary">will</span> trigger the review,
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===Who is entitled to ask to divide property and debt?===
===Who is entitled to ask to divide property and debt?===


Only spouses can ask to divide property and debt. Under the ''[[Family Law Act]]'', ''spouse'' includes people who:
Only spouses can ask to divide property and debt. Under the ''[[Family Law Act]]'', for the purposes of dividing property and debt, ''spouse'' includes people who:


*are married to each other, and
*are married to each other or who used to be married to each other, and
*have lived together in a "marriage-like relationship" for at least two years.
*have lived together in a "marriage-like relationship" for at least two years.


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*unmarried spouses have to start a proceeding to divide property and debt within two years of the date they separated.
*unmarried spouses have to start a proceeding to divide property and debt within two years of the date they separated.


The two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer, or an arbitrator.
It's important to know that under s. 198(5), the two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator.


===Excluded property===
===What is excluded property?===


''Excluded property'' is the property each spouse has on the date they began to live together or got married, whichever was first.  Excluded property includes certain property received by each spouse during the spouses’ relationship, such as:
''Excluded property'' is the property each spouse has on the date they began to live together or got married, whichever was first.  Excluded property includes certain property received by each spouse during the spouses’ relationship, such as:
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*property bought with excluded property.
*property bought with excluded property.


===Family property===
===What is family property?===
 
''Family property'' is the property either or both spouses got after the date they began to live together or got married, whichever was first. "Ordinary use for a family purpose," the test under the old ''Family Relations Act'', doesn’t matter under the ''[[Family Law Act]]''. 


Family property includes:
''Family property'' is the property either or both spouses got after the date they began to live together or got married, whichever was first. ("Ordinary use for a family purpose," the test under the old ''Family Relations Act'', the law before the ''[[Family Law Act]]'', doesn’t matter under the new law.) Family property includes:


*real estate,
*real estate,
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*other personal property.
*other personal property.


Most importantly, the increase in value of excluded property over the course of the spouses’ relationship is also family property.
Most importantly, family property also includes the increase in value of excluded property over the course of the spouses’ relationship.


Remember that excluded property includes property bought during the relationship with excluded property.
Remember that excluded property includes property bought during the relationship with excluded property, as long as you can trace the old excluded property into the new property.


===Family debt===
===What is family debt?===


''Family debt'' is all debt incurred by either spouse after the date the spouses began to live together or got married, whichever was first, up to the date of separation.
''Family debt'' is all debt incurred by either spouse after the date the spouses began to live together or got married, whichever was first, up to the date of separation. Family debt also includes debt incurred after the date of separation if the debt was incurred to maintain family property, like repairing the family home or paying the mortgage.
 
Family debt also includes debt incurred after the date of separation if the debt was incurred to maintain family property, like repairing the family home or paying the mortgage.


===How are property and debt divided?===
===How are property and debt divided?===
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Spouses can make agreements and the court can make orders about how property and debt should be divided. Only the Supreme Court can make orders about the division of property and debt.  
Spouses can make agreements and the court can make orders about how property and debt should be divided. Only the Supreme Court can make orders about the division of property and debt.  


Note that agreements and orders about debt made under the Family Law Act are only binding between spouses, and don’t affect the rights of creditors or the steps they can take to collect on a debt.
Note that agreements and orders about debt made under the ''[[Family Law Act]]'' are only binding between spouses, and don’t affect the rights of creditors or the steps they can take to collect on a debt.


====Family property and family debt====
====Family property and family debt====
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*whether a spouse reduced the value of family property or got rid of family property to avoid sharing the property, or the full value of the property, with the other spouse, and
*whether a spouse reduced the value of family property or got rid of family property to avoid sharing the property, or the full value of the property, with the other spouse, and
*any taxes owing from dividing the property.
*any taxes owing from dividing the property.
The courts <span class="noglossary">will</span> have to figure out what "significantly unfair" means. The old law doesn’t use this term.


====Excluded property====
====Excluded property====
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====Equalizing RRSPs====
====Equalizing RRSPs====


RRSPs are family property. If RRSPs are divided, the Income Tax Act allows them to be equalized without any taxes being paid.
RRSPs are family property. If RRSPs are divided, the federal ''[http://canlii.ca/t/7vb7 Income Tax Act]'' allows them to be equalized without any taxes being paid.


====Workplace pensions====
====Workplace pensions====