What is the test for an unequal division of family property under the Divorce Act?
British Columbia, Canada
The following excerpt is from Mancinelli v Mancinelli, 2021 BCSC 94 (CanLII):
A two-stage analysis is used to determine whether an unequal division of family property would be significantly unfair: Polard v. Polard, 2017 BCSC 1963 at para. 19. At the first stage, the court must determine the extent of family property in accordance with ss. 84–86 of the Act and undertake the notional exercise of dividing property equally. The second stage requires the court to determine whether the equal division would be significantly unfair, taking into account the factors in s. 95(2) of the Act.
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