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Unit 4: Family Law

CHAPTER 15: DIVISION OF FAMILY PROPERTY AND SPOUSAL SUPPORT

E-ACTIVITY: PROPERTY DIVISION IN YOUR PROVINCE OR TERRITORY (p. 462)

Activity: Create Investigation Sheets on Property Division

When couples decide to divorce or separate, property becomes an issue. How do couples divide up the property they shared? Do they have to go to court to do so? What assets are considered matrimonial, or family, assets?

Visit the Community Legal Education for Ontario (CLEO) Web site and download the pdf publication "Getting Divorced" for general information on property rights. Use that document to complete the following investigation sheet.
Click here if you would like to download the investigation sheet.

Family Property Division Investigation Sheet-1
When can a couple decide about property issues?
What types of property issues may arise upon divorce?
What types of items can be included in a separation agreement?
What legal requirements are necessary for a separation agreement?
Why is independent legal advice necessary before a separation agreement is signed?
What can one partner do if the couple cannot reach a decision on property matters?
What are the time limits for division of property?
Can Canada Pension Plan credits be shared upon divorce?

Visit the Public Legal Information Association for Newfoundland Web site and download the document "Family Law Guide for Women in Newfoundland". Use that document to complete the following investigation sheet.
Click here if you would like to download this second investigation sheet.

Family Property Division Investigation Sheet-2
What presumption does the law generally make regarding property acquired during the marriage?
Identify 7 items that may not be considered matrimonial assets.
What is the law regarding the matrimonial home?
What items are generally considered matrimonial assets?
When would property be divided unequally?

Go to a Web site for your province or territory to find specific information about property division for your jurisdiction-for example:
- Alberta - to consider its Matrimonial Property Act
- British Columbia
- Manitoba
- New Brunswick -to consider its Marital Property Act
- Nunavut -to consider its Family Property and Support Act
- Nova Scotia -to consider its Matrimonial Property Act
- Prince Edward Island -to consider its Family Law Act
- Saskatchewan -to consider its Family Property Act
Add to your investigation sheets information about property division that is specific to your province or territory.
As a class, discuss the additions you made to your investigation sheets.