Sentences with phrase «property fla»
So what was the excluded property at issue in this hard hitting new family law case of Excluded Property FLA Presumption of Advancement?
https://macleanfamilylaw.ca/ Not exact matches
[168] To the extent the FLA was intended to treat men and women as equal for the purposes of property division under the FLA, the continued application of the presumption of advancement, which only arises if the husband is the transferor and the wife the transferee does not cohere with the objects of the FLA..
[148] When considering the presumption of advancement — issues of property division and «excluded property» under the FLA — the intended equivalency of legal position and treatment, for different types of unions, is directly relevant.
Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 — Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection Order Questionnaire Form FL - 14 — Restraining Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim
Property rights for married spouses in Ontario are statutorily governed by the Family Law Act (FLA).
Section 5 (3) of the FLA states that if, while the spouses are cohabiting, there is a risk that one spouse will «improvidently deplete his or her net family property,» the other spouse can apply for equalization.
Having spent almost 20 years as a banking litigation specialist during which time he led on test cases such as the North East Property Buyers Sale and Rent Back in the Supreme Court and, appeared as advocate in the Court of Appeal on many occasions, together with advisory roles with the CML and FLA, Richard now heads up the Commercial Dispute Resolution team in Cardiff.
[35] Pursuant to s. 95 of the FLA, a court may order an unequal division of family property if it would be «significantly unfair» to divide it equally.
She noted at paras. 162 and 163 that just because the parties in a relationship make contributions which are different in nature, does not mean that there should be an unequal division of family property under the FLA:
[2] One of the issues in the case is whether the parties» respective interests in a family trust known as the Mark Stober Family Trust (the «Trust») are family property within the meaning of the Family Law Act, S.B.C. 2011, c. 25 [FLA].
[112] Section 97 of the FLA authorizes the court to order the sale of property for the purpose of giving effect to a division of property.
The new regime under the FLA recognizes that partners will come to a relationship in differing circumstances and accounts for those in the concepts of «family property» and «excluded property».
The only section under the Family Law Act 1996 (FLA 1996), Pt IV that deals with property specifically is s 40.
Her argument hinges on what she submits is a necessary link between a lift - stay order and a spouse's ability, before bankruptcy, to obtain an order granting a proprietary interest in the other spouse's property under s. 9 (1) of the Family Law Act (FLA).
The FLA introduced new and changed language that may affect how property is divided between spouses who are separating or divorcing.
The FLA still assumes that spouses share family property equally.