Property Settlement Cases

Financial Settlement in Divorce

Financial Settlement in Divorce: Introduction Oftentimes, a party to a property dispute will have owned property at the beginning of the relationship. The weight attributed to such property in assessing the parties’ overall contributions will largely depend upon: the...

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Debts in divorce: debts incurred by a single party

  Debts Incurred During a Relationship That Has Broken Down Valuing the property of the parties in the context of proceedings under s 79 of the Family Law Act involves deducting the value of the parties liabilities from the gross value of their assets. Accordingly,...

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Are Trust Assets Available for Division?

  How Do Courts Deal With Discretionary Trusts and Divorce? A trust is an obligation to deal with assets for the benefit of either a class of persons called “beneficiaries” or for a charitable purpose. This obligation is binding on a person called a “trustee”, the...

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Duty of Disclosure: Dealing With Delinquent Litigants

Parties to a property dispute are required to provide full and frank disclosures of their financial circumstances. They are bound by this obligation both before, and after, proceedings have commenced. Where a party has failed to comply with their obligation to...

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