Not exact matches
A: The
matrimonial home is treated as a very special
asset when it comes to family law.
Additionally, there is no time - bound definition of
matrimonial property —
when a divorce litigant makes disclosure of their
assets, they require to list everything they own, including
assets owned prior to the marriage,
assets acquired after separation, and
assets acquired any time by gift or inheritance.
However, couples are more likely to mislead each other by concealing their
assets when they do separate — only 9 % of family lawyers surveyed in Grant Thornton UK's tenth annual
matrimonial study have not had cases which revealed missing or concealed
assets, compared to 20 % last year and the year before.
As a
matrimonial practitioner, I have seen litigants make serious mistakes, particularly
when they do not have the protection of a prenuptial agreement or never established an
asset protection trust prior to marriage.
The most common scenario is
when a relative has an interest in a property that forms part of the
matrimonial assets.
Charles J's award focused on achieving an overall fair result for the parties and reflects the power of discretion available to the court
when assessing
matrimonial assets.
While the Court in Kiamanesh, felt it could achieve equity, pending the valuation of the US company, by reapportioning all of the Canadian
assets to the wife, this raises the question of what Canadian courts can do to achieve an equitable distribution of
matrimonial property
when the foreign
assets are worth more than the Canadian
assets?