Legal Question in Family Law in Canada
On what grounds can someone apply for an s.67 order unde the Family Relations Act (does there have to be a claim for division of family assets at the same time - or any other specific claim - or can you apply for s.67 on it's own without intending on separating)?
Also: how do you get a court order enforced if someone is not following it?
Thanks!
1 Answer from Attorneys
Section 67 is the section that authorizes an order to restrain disposition of assets, so there must be a claim for a division of property under Part 5 or a division of a pension under Part 6 in order to have an order restraining disposition of assets. In order to claim for a division of assetw you have to claim for a divorce, a declaration that a marriage is a nukity or for a declaration that the parties are separated with no reasonable prospect of reconciliation. You can claim none of these things without intending on terminating the marriage.
In order to protect a spouse's interest in land that is registered in the name of the other spouse, you can file an "Entry" as a charge against that land under the Land (Spouse Protection) Act of BC.
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