Barrie Hayes, Partner, Family Law
The Family Law Act provides a statutory framework for the equalization of family property upon separation. The framework essentially exits out from the equalization the value of property the spouses owned on the date of marriage, and any property the spouses received from third parties; inheritances, life insurance policies…
Barrie Hayes, Family Law Partner.
The Family law act provisions in relation to equalization of net family property require that the parties account for and value family assets which existed at the date of marriage and date of separation.
The date of marriage is easily established, but fixing the date of separation, on occasion…
Barrie Hayes, Partner
In many marriages the matrimonial home is the most significant family asset owned by the spouses. The Family Law Act (“FLA”), in dealing with equalization of net family property on separation, provides special treatment of the matrimonial home.
Whereas generally a spouse may deduct from his or her net family property…
Catherine Hyde, Family Law Clerk
I have recently been involved with a number of cases dealing with “Excluded Property” in order to determine whether certain items of property can be excluded from the “net family property” calculation. To determine this one first needs to look at the Family Law Act
Section 4(2) of the Family…
A recent Court of Appeal decision has caused considerable concern in relation to the certainty of the statutory provisions being applied to determine net family property equalization between legal married spouses.
Sections 4 and 5 of the Family Law Act have, to date, been viewed as all encompassing statutory direction in the division of net…
Repeatedly, in initial interviews and even in discussions with friends and other lawyers, I hear interpretations of family law that may be considered “urban myths”, using cultural parlance. This blog deals with the top three in regard to married parties and the matrimonial home.
Myth 1
Myth – The matrimonial home is deemed to be…
One of my friends was recently faced with a decision she found to be somewhat insulting. Her husband’s family has a “family business”, which business was incorporated. The corporation was in the process of re-structuring and wished to issue shares to the son (her husband) and daughter. It was requested that she sign a document…
