Sentences with phrase «unequal division»

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.

Therefore, in appropriate cases, after due consideration of the children's needs and their parents» ability to meet those needs, Bill C - 560 allows for unequal division of parenting time and responsibilities.

He took procedural liberties by essentially bringing his own motion to strike out the wife's unequal division claim, and baring her from pursuing it at trial, even though the husband had not requested these remedies himself.

Because a fair division and an equal division aren't always the same thing, equitable distribution courts can award unequal divisions in the presence of certain statutory factors.

Although unequal division occurs among stem cells — allowing one daughter cell to remain a stem cell while the other matures into another cell type, such as a skin or muscle cell — the goal of a normal symmetric cell division is to generate identical daughter cells and increase cell number.

Shorter marriages, gross disparity in contributions, long separations, cases where someone disposed of assets, cases where hidden assets are involved and cases where support can not alleviate financial hardship remain exceptions that may apply to enable unequal division.

[163] Had the Legislature intended unequal contribution to be a significant factor justifying unequal division of family property under s. 95, surely the Legislature would have specifically said so.

It may involve unequal division of property in BC to secure a fair division and spousal and child support to ensure an overseas payor's obligation is secured.

Our Unequal Property Division Excluded Property Lawyers have warned spouses that the test of significant unfairness to obtain unequal division of family property is strict.

In Bamford v. Mulyati 2017 BCSC 945 the court looked at the history of contribution, the fact it was a second marriage and the intention of the husband when he put his home in joint names to decide he got unequal division of it although he had placed it in joint names:

He took issue with the wife's failure to specify in her pleadings the precise FLR provisions on which she relied for unequal division, even though these were implicit.

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.

Our MacLean Law BC Family Business Valuation Lawyers have established principles related to unequal division of family businesses in the BC Supreme Court and recently set new law in Canada on establishing and valuing a broker's book of business as family property.

As for the humanitarian situation, it is characterised by the unequal division of salaries, as illustrated by the famous UNDP sketch: the champagne glass.

Perhaps men in this situation feel guilty for not doing their fair share or perhaps the unequal division of household tasks creates tension between them and their partner?

This answer: Norway doesn't try to divide into equal parts and instead uses two formulas to compensate for that unequal division.

In the last experiment, the researchers removed the justification for an unequal division by asking both partners to transcribe one paragraph.

Much has been written about the unequal division of household labor and childcare, but the overwhelming majority of studies in this field examine specific behaviors, Offer said.

An unequal division because one child earns more than another may make the other feel emotionally less loved by the parents and leave a bitter legacy like Cedric's.

Unequal division of Vancouver family property and debt is a new and complex issue under 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.

Because of it, she asked for an unequal division of NFP in her favour, now that their relationship was over.

Unequal Division of Community Property It is important to understand apportionment of assets ordered be a judge in an unequal division of community property in Arizona.

The duration of their relationship and the way they managed their finances does not support an unequal division of family property.

However, the Family Law Act also provides that you can have an unequal division of Net Family Property, pursuant to section 5 (6) of the Family Law Act, depending on the unique circumstances of each case.

[42] None of the factors in s. 95 (2) relied upon by Mr. Hodel support an unequal division of family property.

[35] Pursuant to s. 95 of the FLA, a court may order an unequal division of family property if it would be «significantly unfair» to divide it equally.

She noted at paras. 162 and 163 that just because the parties in a relationship make contributions which are different in nature, does not mean that there should be an unequal division of family property under the FLA:

The defence was able to establish that the complainant was motivated to fabricate criminal allegations to obtain advantage in the family court case, including seeking large support payments and unequal division of assets.

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».

The Court of Appeal acknowledged that there have only been three reported cases since Lambert where there has been an unequal division of the assets on the basis of an argument of special contribution, namely: Sorrell v Sorrell [2005] EWHC 1717 (Fam), [2005] All ER (D) 104 (Oct); Charman v Charman [2007] EWCA Civ 503, [2007] All ER (D) 425 (May) and Cooper - Hohn v Hohn [2014] EWHC 4122 (Fam), [2014] All ER (D) 166 (Dec).

Did you know that there are circumstances in which the court can order an unequal division of net family property?

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.]

Although the court must begin with the premise that the division should be equal, the court could find justification to order an unequal division after considering the statutory factors.

Me Heft's practices in a wide range of areas within family law, including child custody and access, cross-border custody disputes, Hague Convention cases, financial support for spouses and children, division of matrimonial property, compensatory allowances, discovery of undisclosed assets and undeclared income, unequal division of matrimonial property, seizure before judgment, related bankruptcy and family law matters, execution of matrimonial orders, and more.

With respect to (3), the ONCA held that the trial judge's discretionary decision to refuse to grant an unequal division of NFP was grounded in the evidence.

It is essential that the reasons an unequal division of property is being made to eliminate or reduce spousal support are stated in a written agreement.

Moreover, the motion judge was wrong to deal with the unequal division claim at the pleadings stage, because such a determination can only be done after the usual equalization payment is calculated.

Simply claiming a division of net familyproperty pursuant to s. 5 (1) of the Act is sufficient, as long as the unequal division claim does not come as a surprise to the other party.

The husband had brought a motion before the lower court to strike certain parts of the wife's pleading wherein she claimed an unequal division of net family property due to certain extra-marital activities on the husband's part.

Accordingly, there is no guarantee that a court would issue an unequal division of assets, even for marriages of short duration.

Instead, at trial she had unsuccessfully argued that an unequal division of net family property was appropriate.

Market appreciation, post separation efforts, short relationships have all led to unequal division.

Unequal division will be justified where the court finds that the consequences of equal division would be so weighty as to produce an unjust or unreasonable result.

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.

[113] Under s. 95 (1) of the FLA, the court has discretion to order an unequal division of family property or debt, or both, if it would be «significantly unfair» to equally divide family property or debt.