What is the test for determining whether a spouse has a valid claim under the Divorce Act?
British Columbia, Canada
The following excerpt is from Horning v. Horning, 2000 BCSC 169 (CanLII):
It is also clear from that decision, that all the factors in the Divorce Act must be considered, applied and a just balance struck in the circumstances of each case. No single factor is paramount, and all must be considered. The court must also consider the objectives pursuant to s. 15.2(6) along with the factors stated in s. 15.2 (4) including the condition, means, needs and other circumstances of each spouse. [Bracklow para. 32, 36-37, 49, Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813].
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