Is a husband responsible for a portion of the wife's costs even if the husband agrees to a consent order?
Ontario, Canada
The following excerpt is from Carvalho v Carvalho, 2016 ONSC 1643 (CanLII):
In Davis v. Davis, [2004] O.J. No 2256, the court considered a matter in which there was a consent order that represented a compromise of positions by both parties. Accordingly, the court noted that the concept of divided success was more appropriate than the winner/loser approach and concluded that the husband should be responsible, despite divided success in the form of a settlement, for a portion of the wife’s costs. (see paras 3 and 7)
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