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Difference between revisions of "Conflict of Laws Issues in Family Law"

From Clicklaw Wikibooks
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==Property and debt==
==Property and debt==


The ''[[Family Law Act]]'' is the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses, and, at Division 6 of Part 5, the act makes special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and very difficult to understand. You will almost certainly need to speak to a lawyer to figure them out.
The ''[[Family Law Act]]'' is currently the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses. Division 6 of Part 5 of the act has special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and very difficult to understand. You will almost certainly need to speak to a lawyer to figure them out.  


Under section 106 of the ''Family Law Act'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a property claim if:
Under section 106 of the ''Family Law Act'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a property claim if:
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*making orders about ownership of the property outside the province.
*making orders about ownership of the property outside the province.


More information about how the ''Family Law Act'' deals with property outside of British Columbia is available in the [[Dividing_Property_%26_Debt_in_Family_Law_Matters|Dividing Property & Debt]] section of the chapter on [[Property_%26_Debt_in_Family_Law_Matters|Property & Debt]], under the heading "[[Dividing_Property_%26_Debt_in_Family_Law_Matters#Determining_jurisdiction|Determining jurisdiction]]".
More information about how the ''Family Law Act'' deals with property outside of British Columbia is available in the section on [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]] under the chapter on [[Property & Debt in Family Law Matters|Property & Debt]], under the heading "[[Dividing_Property_%26_Debt_in_Family_Law_Matters#Determining_jurisdiction|Determining jurisdiction]]".


==Resources and links==
==Resources and links==