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

Jump to navigation Jump to search
Line 136: Line 136:
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 is a counterclaim to the court proceeding,  
#the claim about property was made by a counterclaim in the 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
#if 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:
Line 152: Line 152:
#the property is here,  
#the property is here,  
#the spouses last lived together here, or
#the spouses last lived together here, or
#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 <span class="noglossary">account</span> 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:
Line 167: Line 167:
<blockquote><blockquote><tt>(g) any other circumstances the court considers relevant.</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(g) any other circumstances the court considers relevant.</tt></blockquote></blockquote>


This is a little harder to boil down, but these factors essentially ask the court to think about what is cheapest, fastest and fairest for the spouses and requires the least number of court proceedings.
This is a little harder to boil down, but these factors essentially ask the court to think about what is cheapest, fastest and fairest for the spouses and will require the least number of court proceedings.


====Determining the law to apply when the court may make orders====
====Determining the law to apply when the court may make orders====

Navigation menu