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Property Division

30 Oct 2017

The amount of money to be paid is “calculated on the basis of the share of those assets proportionate to the claimant’s contributions”.19 Rarely will a claim result in a 50/50 division on the basis of unjust enrichment. [...] This principle later played a significant role in Quebec (Attorney General) v A.25 While the majority concluded that Walsh did not bind the Court, four of the five majority judges still focused on freedom of choice to find that the breach of equality rights was justified under section 1 of the Charter.26 The minority did not proceed to the justification stage of the analysis after determining that [...] While the wording varies slightly, the objective is the same: exclude assets that have no connection to the joint efforts of the spouses from the pool of matrimonial property that is to be divided between them.50 ________ […] (b) the adult interdependent partners live separate and apart for more than one year and one or both of the adult interdependent partners intend that the adult interdependent [...] In other words, if the commencement of the relationship of interdependence is used to determine the beginning of the valuation period for the new relationship, and the trial date is used to determine the end of the valuation period for the former one, entitlements could be difficult to decide.
government common law cohabitation divorce ethics family government information justice law marriage interpersonal relationships alimony common-law marriage common-law partners same sex marriage family law act living together spousal support common-law common-law relationships
ISBN
9781896078731
ISSN
08349037
Pages
46
Published in
Edmonton, AB, CA

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