Dividing Property and Debt in Family Law Matters: Difference between revisions
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 20:47, 24 April 2013
, 24 April 2013→Determining whether the court should make orders
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#the court proceeding includes a claim under the ''[[Divorce Act]]'' (the reason for this factor is that the ''[[Divorce Act]]'' requires a spouse to have lived in the province where he or she makes a claim under the act for at least one year before the court proceeding is started). | #the court proceeding includes a claim under the ''[[Divorce Act]]'' (the reason for this factor is that the ''[[Divorce Act]]'' requires a spouse to have lived in the province where he or she makes a claim under the act for at least one year before the court proceeding is started). | ||
As if this wasn't complicated enough, even if the court can make an order because one of the s. 106(2) conditions are met, under s. 106(4) the court can refuse to make orders for the division of property and debt. Section 106(5) says what the court must take into account in deciding to refuse to make orders: | As if this wasn't complicated enough, even if the court can make an order because one of the s. 106(2) conditions are met, under s. 106(4) the court can refuse to make orders for the division of property and debt. Section 106(5) says what the court must take into <span class="noglossary">account</span> in deciding to refuse to make orders: | ||
<blockquote><tt>(5) In determining whether to decline jurisdiction under subsection (4), the court must consider all of the following:</tt></blockquote> | <blockquote><tt>(5) In determining whether to decline jurisdiction under subsection (4), the court must consider all of the following:</tt></blockquote> | ||