What is the test for equal division in a s.57 marriage?
British Columbia, Canada
The following excerpt is from Boretta v. Boretta, 2011 BCSC 1406 (CanLII):
The parties have been married for over 21 years and have lived together for some 26 years up to the date of the s. 57 declaration. The length of the marriage would suggest that an equal division is appropriate. See: Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 [Moge]; Gain v. Gain, 2010 BCSC 1832.
The claimant contributed more to the family assets by way of inheritances or gifts received than did the respondent; however, the bulk of these amounts were received a number of years ago. Thus the significance of this factor is somewhat diminished. See: Lodge v. Lodge, 1992 CanLII 389 (B.C.C.A.) [Lodge].
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