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

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


''You should skip this discussion if no court other than the court of British Columbia can make orders about you, your spouse, and your property.''
(You should skip this part if no court other than the Supreme Court of British Columbia can make orders about you, your spouse, and your property.)


Assuming, then, that the court here has decided that it has the authority to make orders for the division of property and debt because one of the section 106(2) factors is met, and that it hasn't decided to refuse to make orders anyway under section 106(4), the next thing to figure out is the law that the court should use in deciding how the property and debt should be divided under sections 107 and 108. That law could be the law of British Columbia, namely Part 5 of the ''[[Family Law Act]]'', or it could be the law of another place.
Assuming, then, that the court here has decided that it has the authority to make orders for the division of property and debt because one of the section 106(2) factors is met, and that it hasn't decided to refuse to make orders anyway under section 106(4), the next thing to figure out is the law that the court should use in deciding how the property and debt should be divided under sections 107 and 108. That law could be the law of British Columbia, namely Part 5 of the ''[[Family Law Act]]'', or it could be the law of another place.

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