LEGL-280 Lecture Notes - Lecture 6: Counterclaim, Matrimonial Regime, Payment
19 Mar 2018
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Document Summary
Divorce act: spouse = 2 people who are married to each other or who were married to each other, s. 15(2) allows spousal support to be ordered (lump sum or periodic, if it is periodic, it is tax deductible. If it"s a lump sum, it isn"t: can be definite or indefinite. Should take in account: length of time spouses lived together, functions performed by each, any other order, agreement or arrangement. A provisional order (granted on provision that is confirmed) can be made if defendant resides in other province and does not consent to jurisdiction: needs to be confirmed in defendants jurisdiction. Prohibits sale or other disposition of property after commencement of action. Prohibits removal of property from matrimonial home after commencement of action. Part 1 of the act divides matrimonial property when the parties end the marriage. Property owned by each of the spouses from the date of marriage.
