Difference between revisions of "Court Procedures in Family Law (3:XV)"

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Once a distribution scheme for family property is set, either by the Court or by agreement, it is always enforceable subject to the relevant case law.  
Once a distribution scheme for family property is set, either by the Court or by agreement, it is always enforceable subject to the relevant case law.  


==== 3(b) Common -Law Spouses ====
==== 3(b) Common-Law Spouses ====
Spouses living in a marriage-like relationship may begin a proceeding to divide property, debt, or a pension no later than 2 years after the date of separation (s 198(3)). The limitation period may be suspended spouses if the spouses were engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.  
Spouses living in a marriage-like relationship may begin a proceeding to divide property, debt, or a pension no later than 2 years after the date of separation (s 198(3)). The limitation period may be suspended spouses if the spouses were engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.  


A spouse living in a marriage-like relationship may make an application to set aside an order or agreement for property division no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.  
A spouse living in a marriage-like relationship may make an application to set aside an order or agreement for property division no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.  


Once a distribution scheme for family property is set, either by the Court or by agreement, it is always enforceable subject to the relevant case law.  
Once a distribution scheme for family property is set, either by the Court or by agreement, it is always enforceable subject to the relevant case law.


== B. Supreme Court ==
== B. Supreme Court ==

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