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Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 18:58, 29 March 2013
, 18:58, 29 March 2013→Putting the Plan into Action
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If you're not a spouse, ''stop'' and read the discussion about people who don't qualify as spouses divide property under the common law relating to trusts and equity in the _____ page. | If you're not a spouse, ''stop'' and read the discussion about people who don't qualify as spouses divide property under the common law relating to trusts and equity in the _____ page. | ||
'''Step | '''Step Two''' | ||
<blockquote>Next you need to look at any ''cohabitation agreement'' or ''marriage agreement'' that you may have signed earlier in your relationship to see whether it talks about how property or debt.</blockquote> | <blockquote>Next you need to look at any ''cohabitation agreement'' or ''marriage agreement'' that you may have signed earlier in your relationship to see whether it talks about how property or debt.</blockquote> | ||
| Line 41: | Line 41: | ||
If you have an agreement about property, ''stop''. Section 94(2) says that you cannot apply for a division of property if there's a written agreement about property or debt until that agreement is set aside. | If you have an agreement about property, ''stop''. Section 94(2) says that you cannot apply for a division of property if there's a written agreement about property or debt until that agreement is set aside. | ||
'''Step Three | '''Step Three''' | ||
<blockquote>Next you have to check that you're making your claim within the ''time limits'' set out in s. 198(2). Married spouses must bring their claims for the division of property and debt within two years of the date of their divorce or a declaration declaring their marriage a nullity; unmarried spouses must bring their claims within two years of the date of their separation.</blockquote> | <blockquote>Next you have to check that you're making your claim within the ''time limits'' set out in s. 198(2). Married spouses must bring their claims for the division of property and debt within two years of the date of their divorce or a declaration declaring their marriage a nullity; unmarried spouses must bring their claims within two years of the date of their separation.</blockquote> | ||