What is the test for a judge to determine whether or not to divide a husband and wife's assets equally?
Alberta, Canada
The following excerpt is from Boutros v. Boutros, 1982 CanLII 1289 (AB QB):
Section 7(4) requires a “presumed distribution” of those assets equally: Mazurenko v. Mazurenko, at p. 120, per Stevenson J.A. (whose judgment is also the source of the following quotations): “The court must, in my view, look at the relevant factors under s. 8 and then ask itself if it would be unjust or inequitable to divide the property equally.” Any such conclusion should “not be lightly reached”. There “must be some real imbalance in the contribution having regard to what was expected of each or attributable to the other factors in s. 8”.
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