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

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However, where another court might be able to make orders about the same people and the same property, the court here must decide:
However, where another court might be able to make orders about the same people and the same property, the court here must decide:


#if it should make orders dividing property and debt or leave those issues for the other court, and
*if it should make orders dividing property and debt or leave those issues for the other court, and
#if it should make orders, the law it should apply in dividing the property and debt.
*if it should make orders, the law it should apply in dividing the property and debt.


====Determining whether the court should make orders====
====Determining whether the court should make orders====
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In other words, the court here can make an order if:
In other words, the court here can make an order if:


#the claim about property was made by a counterclaim in the court proceeding,  
*the claim about property was made by a counterclaim in the BC Supreme Court proceeding,  
#both spouses agree that the court should make orders about property and debt,  
*both spouses agree that the court should make orders about property and debt,  
#either spouse normally lived here when the proceeding started, or
*either spouse normally lived here when the proceeding started, or
#there is a "real and substantial connection" between this province and the proceeding.
*there is a "real and substantial connection" between this province and the proceeding.


Section 106(3) helps to explain what "real and substantial connection" means:
Section 106(3) helps to explain what "real and substantial connection" means: