Application for division of marital property
3(1)Each spouse, on application to the Court, is entitled to have the marital property divided in equal shares if
(a)
a judgment granting a divorce is rendered,
(b)
a marriage is declared a nullity,
(c)
the spouses are living separate and apart and there is no reasonable prospect of the resumption of cohabitation, or
(d)
a marriage has broken down and there is no reasonable prospect of reconciliation, whether or not the spouses are living separate and apart.
3(2)Subject to subsection (4), no application shall be made under subsection (1) later than 60 days after a spouse ceases to be a spouse by reason of a divorce or declaration of nullity.
3(3)For the purposes of this section, a person whose marriage is declared a nullity shall be deemed to have been a spouse during the period between the purported solemnization of marriage and the declaration of nullity.
3(4)The Court may extend the limitation period by such length of time and on such terms as it considers just, if a person is prevented from making an application within the limitation period fixed in subsection (2) by
(a)
lack of knowledge of the granting of a divorce or a declaration of nullity, or of the date of it, or
(b)
circumstances reasonably beyond his or her control.
1980, c.M-1.1, s.3; 2005, c.12, s.1