What is the test for an unequal division of family property?

British Columbia, Canada


The following excerpt is from R.A.P. v P.P.Y, 2022 BCSC 138 (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 1963at para. 19. At the first stage, the court must determine the extent of family property in accordance with ss. 84-86 of the Family Law 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 Family Law Act.

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