It is possible
for an unequal division to still be fair.
It is of note that the fact that where a prenuptial agreement perhaps provides
for an unequal division, that of itself should not be enough to render the agreement unfair and unreasonable.
Frick confirms that you do not need to expressly plead s. 5 (6) of the Family Law Act — a claim
for unequal division of net familyproperty is not a separate cause of action.
If not, this could have perhaps been a basis to argue
for an unequal division of net family property at trial pursuant to s. 5 (6)(h) of the Family Law Act.]
She could not have known that her claim
for an unequal division would be judged according to the summary judgment rules.
This answer: Norway doesn't try to divide into equal parts and instead uses two formulas to compensate
for that unequal division.
Not exact matches
As
for the humanitarian situation, it is characterised by the
unequal division of salaries, as illustrated by the famous UNDP sketch: the champagne glass.
But the court declined, and went one step further by expressly preventing the wife from asking
for an
unequal NFP
division at trial.
As well, I can not conclude that there should be an
unequal division of family property merely because of the inability of the Claimant to show that part of the Settlement probably relates to damages other than compensation
for «lost income».
The motion judge had also applied an unjustly - high threshold
for establishing the wife's
unequal division claim, and had deprived her of notice that it might be struck out permanently.
For example, in Cabezas v. Maxim, 2014 BCSC 767, the Court found that significant unfairness would result from the
unequal division of the claimant's purported excluded property given the respondent's contributions to the maintenance of the property, her decision to undertake liability on the mortgage, her greater contribution towards expenses, and the length of their cohabitation of 6.5 years -LSB-.]
The Court of Appeal also referred back to Lambert v Lambert [2002] EWCA Civ 1685, [2003] 4 All ER 342 in which, although the court made an
unequal division based on special contribution, Bodey J stated that in order to justify a departure from equality «the characteristics or circumstances clearly have to be of a wholly exceptional nature, such that it would be obviously be inconsistent with the objective of achieving fairness
for them to be ignored».
Vancouver
Unequal Property
Division Lawyers 604-602-9000 Our Vancouver
Unequal Property
Division Lawyers recognize in emotionally trying times like divorce and separation, we often try,
for better or worse, to distill the relationship into numbers; asking questions such as «how much did I bring into the...... Read Full Post
Our highly rated *
Unequal Property
Division Excluded Property Lawyers also warn clients not to place excluded property in joint names
for fear the exclusion from sharing will be lost.
Accordingly, there is no guarantee that a court would issue an
unequal division of assets, even
for marriages of short duration.
The person without ADHD can feel alone in these responsibilities, and
for some, this
unequal division of responsibly can make the partner with ADHD feel more like a child, than a partner, causing more distance in the relationship.