What is the test for determining the division of property between a husband and wife?
British Columbia, Canada
The following excerpt is from K.M.J. v. J.H.D.N., 2014 BCSC 1895 (CanLII):
In order to resolve the division of debt in this case, it is necessary to interpret ss. 86 and 87 of the relatively new Family Law Act, which has not yet been thoroughly undertaken by this court to my knowledge. In Asselin v. Roy, 2013 BCSC 1681, Harvey J. referred to the intent of the Act in this part and said it was to provide “more certainty for litigants” and that the “broad judicial discretion formerly available under the Family Relations Act has been replaced with a more formulaic approach to both the identification and division of family property”. His analysis is not directly on point, however.
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