Property and Debt in Family Law Matters: Difference between revisions
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Property and Debt in Family Law Matters (view source)
Revision as of 23:35, 18 April 2013
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Although a married couple are married until they get a divorce, the key date for the division of property and debt under the ''[[Family Law Act]]'' is the date of separation. This date is important for both married spouses and unmarried spouses. | Although a married couple are married until they get a divorce, the key date for the division of property and debt under the ''[[Family Law Act]]'' is the date of separation. This date is important for both married spouses and unmarried spouses. | ||
Although many people move out when they separate, other couples separate and remain living under the same roof. A physical separation is not necessary to separate; there must simply be an intention to end the relationship and the intimacies that go along with it. Often the <span class="noglossary">decision</span> to separate is made by both spouses, but it only takes one spouse decide to end a relationship, and a spouse's decision to separate doesn't require the consent of the other spouse. | Although many people move out when they separate, other couples separate and remain living under the same roof. A physical separation is not necessary to separate; there must simply be an intention to end the relationship and the intimacies that go along with it. Often the <span class="noglossary">decision</span> to separate is made by both spouses, but it only takes one spouse decide to end a relationship, and a spouse's <span class="noglossary">decision</span> to separate doesn't require the consent of the other spouse. | ||
Section 3(4) of the act says this: | Section 3(4) of the act says this: | ||
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<blockquote><blockquote><tt>(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote> | ||
In other words, to separate, one spouse must announce the end of the relationship and then take steps that would demonstrate an intention to end the relationship. Separation is discussed in more detail in the chapter [[Separation and Divorce]], within the section[[Separation]]. | In other words, to separate, one spouse must announce the end of the relationship and then take steps that would demonstrate an intention to end the relationship. Separation is discussed in more detail in the chapter [[Separation and Divorce]], within the section [[Separation]]. | ||
===Property brought into the relationship=== | ===Property brought into the relationship=== | ||
