Sentences with phrase «unequal division claim»
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.
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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.
Not exact matches
She could not have known that her claim for an unequal division would be judged according to the summary judgment rules.
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.
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.