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Difference between revisions of "Protecting Property and Debt in Family Law Matters"
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Protecting Property and Debt in Family Law Matters (view source)
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====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
Under Division 6 of Part 5 of the ''Family Law Act'', the Supreme Court of British Columbia may, in certain circumstances, make orders about the ownership and division of property located outside British Columbia. If the court has the ability to make orders dividing property located outside the province, it may also make an order to preserve the property from being disposed of. Section 109(2)(b) says | Under Division 6 of Part 5 of the ''Family Law Act'', the Supreme Court of British Columbia may, in certain circumstances, make orders about the ownership and division of property located outside British Columbia. If the court has the ability to make orders dividing property located outside the province, it may also make an order to preserve the property from being disposed of. Section 109(2)(b) says the Supreme Court may make an order that will: | ||
<blockquote><tt>(b) if the court is satisfied that it would be enforceable against a spouse in the jurisdiction in which the extraprovincial property is located,</tt></blockquote> | <blockquote><tt>(b) if the court is satisfied that it would be enforceable against a spouse in the jurisdiction in which the extraprovincial property is located,</tt></blockquote> | ||
<blockquote><blockquote><tt>(i) preserve the extraprovincial property ...</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(i) preserve the extraprovincial property,</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(iv) provide for any other matter in connection with the extraprovincial property | <blockquote><blockquote><tt>[...]</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(iv) provide for any other matter in connection with the extraprovincial property</tt></blockquote></blockquote> | |||
The first stumbling block is to figure out whether the court can divide the out-of-province property, and that requires a difficult analysis under sections 106, 107, and 108 of the Act. Assuming the court can make such orders, the next step is to find out whether the order would be "enforceable against a spouse" in the place where the property is located. If the <span class="noglossary">answer</span> to both questions is yes, then the court may make an order for the preservation of the foreign property. | The first stumbling block is to figure out whether the court can divide the out-of-province property, and that requires a difficult analysis under sections 106, 107, and 108 of the Act. Assuming the court can make such orders, the next step is to find out whether the order would be "enforceable against a spouse" in the place where the property is located. If the <span class="noglossary">answer</span> to both questions is yes, then the court may make an order for the preservation of the foreign property. | ||
