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

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===Asking the court to set aside an agreement===
===Asking the court to set aside an agreement===


Section 94(2) says that the court cannot make an order dividing property or debt in the face of a written and witnessed agreement on property and debt until it has set aside those parts of the agreement. As a result, if a spouse is unhappy with the terms of a separation agreement on property or debt, the spouse must first ask the court to set aside the agreement and second, ask for an order about the division of property and debt.
Section 94(2) says that the court cannot make an order dividing property or debt in the face of a written and witnessed agreement on property and debt until it has set aside those parts of the agreement. As a result, if a spouse is unhappy with the terms of a separation agreement on property or debt, the spouse must first ask the court to set aside those parts and second, ask for an order about the division of property and debt.


====Family law agreements and contract law====
====Family law agreements and contract law====

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