What is the effect of a s.44 (now s.57) declaration of no prospect of reconciliation?

British Columbia, Canada


The following excerpt is from Van Deventer v. Van Deventer, 1998 CanLII 1666 (BC SC):

The petitioner also relies on Baker v. Baker [1990] B.C.J. No. 1553. In that case, the parties separated on April 15, 1989, the wife obtained a s.44 (now s. 57) declaration of no prospect of reconciliation on June 13, 1989, and the husband made an assignment into bankruptcy on July 10, 1989. The family home had been purchased by the husband with money given to him by his grandmother. The home was registered in his name and the parties had lived in it for approximately seven years. In or about December 1989, the wife applied to the court for an order that the proceeds of sale of the family home be reapportioned in her favour. A further complication was that a number of judgments were registered against the husband's registered interest in the home prior to the s.44 declaration being made.

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