Basic Principles of Property and Debt in Family Law: Difference between revisions
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Basic Principles of Property and Debt in Family Law (view source)
Revision as of 02:29, 19 April 2013
, 19 April 2013→Period of entitlement
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===Period of entitlement=== | ===Period of entitlement=== | ||
Under s. 81(a) of the ''Family Law Act'', spouses are presumed to each be entitled to share in ''family property''. Family property is defined at s. 84(1) as: | Under s. 81(a) of the ''Family Law Act'', spouses are presumed to each be entitled to a share in ''family property''. Family property is defined at s. 84(1) as: | ||
<blockquote><tt>(a) on the date the spouses separate, property</tt></blockquote> | <blockquote><tt>(a) on the date the spouses separate, property</tt></blockquote> | ||
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As you can see, the dates when "the relationship between the spouses began" and the date "the spouses separate" are very important. They are the dates that mark the end of acquiring excluded property and personal debt, the start of acquiring shareable family property and family debt, and the end of acquiring family property and family debt. | As you can see, the dates when "the relationship between the spouses began" and the date "the spouses separate" are very important. They are the dates that mark the end of acquiring excluded property and personal debt, the start of acquiring shareable family property and family debt, and the end of acquiring family property and family debt. | ||
==== | ====Date of cohabitation and the date of marriage==== | ||
Section 3(3) says when a relationship between spouses begins: | Section 3(3) says when a relationship between spouses begins: | ||
