What is the test for determining if the parties (or one of them) have given priority to the family?

Nova Scotia, Canada


The following excerpt is from MacPherson v Williams, 2019 NSSC 17 (CanLII):

In deciding if the parties (or one of them) has given priority to the family, my focus is “on contributions to the domestic and financial partnership, and particularly financial sacrifices made by the parties for the welfare of the collective or family unit”: Kerr v. Baranow, 2011 SCC 10 at paragraph 98. Examples offered include: • Leaving the workforce for a period to raise children • Relocating for the benefit of the other party’s career (and giving up employment and employment-related networks as a result) • Foregoing career or educational advancement for the benefit of the family or relationship • Accepting underemployment in order to balance the financial and domestic needs of the family unit (Kerr v. Baranow, 2011 SCC 10 at paragraph 98).

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