Sentences with phrase «under fla»

Licensees with clients who are considering real estate transactions as a result of or during a separation or divorce, and who wish to clarify their rights and responsibilities under the FLA, should direct their clients to seek legal advice.

If you just register your separation agreement under the FLA, you don't know that in the case of a later motion to change if the judge will follow the 2009 case or the later case.

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».

If spousal support has been decided under the FLA and the parties then decide to get a divorce, the spousal support order remains in force until the Divorce Act puts a new order in place.

Under the FLA — s. 1 (1)-- a person who has demonstrated a «settled intention to treat a child as a child of his / her family (not foster parent).

The plaintiff's daughter was awarded $ 15,000 under the FLA for the loss of care, guidance, and companionship that she suffered following her mother's mistreatment by the defendants.

Law Times explains there are two types of claims that can be advanced under the FLA, as outlined in s. 61 (2), including pecuniary claims, which are actual expenses reasonably incurred for the benefit of the person injured or killed, such as funeral expenses and a reasonable allowance for the loss of income or the value of nursing or housekeeping services.

Only the Court of Queen's Bench has jurisdiction to make exclusive possession orders under the FLA and MPA.

There are limitation periods under the FLA, however: you must bring your equalization claim within six years of the date of separation, two years from the date of divorce, or six months from the date of the spouse's death, whichever date comes sooner.

[65] There are indeed many decisions of this Court and the Court of Appeal, under the FLA and its predecessors, holding that a spouse who has already commenced proceedings and obtained orders in a foreign court should generally not be permitted to bring separate proceedings in British Columbia addressing the same dispute.

Non-pecuniary damages are wholly covered under the FLA to compensate dependents for the loss of guidance, care and companionship.

It is trite to state that the legislative intent under the FLA, and the intent of this Court when applying its provisions, is ensuring that a child's best interests are paramount.

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:

[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.

[149] The ongoing application of the presumption of advancement under the FLA would mean that of these various potential forms of relationship, within which all partners are «spouses» for the purposes of the FLA, the only subset of relationship to which the presumption of advancement would apply would be a gift from a man to women in a traditional marriage.

[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..

[185] If, however, I am mistaken in the foregoing conclusion and the presumption of advancement continues to have relevance under the FLA then Mr. F. did not, on the whole of the evidence, rebut the application of the presumption.

Not exact matches

[196] Under s. 39 of the FLA, each parent of the child is the child's guardian unless after separation the court makes an order providing that a parent is not the child's guardian.

In particular, the FLA will endeavour to promote Singapore as a legal hub for international dispute resolution, including arbitration under the auspices of SIAC and SCMA.»

All this spells the end of the s 47 power of arrest for non-molestation under the Family Law Act 1996 (FLA 1996) in relation to any alleged breach of an order made after 30 June 2007.

Family violence» is defined under the BC Family Law Act (FLA) to include all elements of physical and emotional violence and abuse.

Compensation is available regardless of the fault of the deceased under the SABS and a civil tort claim under the Family Law Act («FLA») may be commenced as against an at - fault or negligent party that caused the death.

The victim's daughter was also awarded $ 15,000 under a Family Law Act («FLA») claim in the latter case.

[8] Prior decisions address aspects of an application for a contact order under s 34 (4)(a) of the FLA, some of which consider the duration of the period of lack of contact relevant to the meaning to be given to «significance of the relationship» as that phrase is used in that subsection; others do not.

However, under subsection 33 (10) of the FLA the court may consider misconduct in rare cases.

In the event the parties have an order from the FLA and choose not to pursue a claim for spousal support under the Divorce Act, there will be no changes made to the support order under the FLA..

Since the enactment of the Family Law Act (FLA), in at least one respect a divergence is apparent between the considerations in mobility disputes between unmarried parents who are left to litigate under the provincial legislation, as opposed to married parents who will be asking the court to apply the tests from Gordon v. Goertz, under the Divorce Act.

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).

Under the Ontario Family Law Act (FLA), you can register a separation agreement and the support provisions of the agreement will be treated as a court order.

Similarly, in British Columbia, child «custody and access» is also under the DA, while «parenting time» is covered by British Columbia's Family Law Act (FLA BC).

It was no surprise that the judge wrote at paragraph 38: «An agreement registered pursuant to the FLA does not become an order under the Divorce Act.»