What is the test for an inquiry into a broken down marriage?

Ontario, Canada

The following excerpt is from Andrade v. Andrade, 2012 ONSC 2777 (CanLII):

The inquiry is on an objective basis. For example, in Czepa v. Czepa (1988), 16 R.F.L. (3d) 191 (H.C.J.), Killeen, L.J.S.C., stated at para 15: The quest for a valuation date is tied to that date when the marriage is irretrievably broken down and the resumption of cohabitation is not reasonably in the cards. This quest requires the trial judge to look at all the circumstances objectively.

Other Questions

How is the net asset value of a broken-up marriage calculated when the parties agree the total family debts as at least as at the time of separation are to be deducted from the total assets? (British Columbia, Canada)
Is the wife entitled to spousal maintenance for the children of a broken-up marriage? (Ontario, Canada)
What is the test for an equal share of the economic impact of a broken marriage? (British Columbia, Canada)
What is the test for equitable sharing of the economic consequences of a broken marriage? (British Columbia, Canada)
In what circumstances will the court award custody of the children of a broken marriage to the mother? (British Columbia, Canada)
What is the meaning of the words “the marriage of the testator” and “made in contemplation of the marriage” in the Marriage of the Testator? (Saskatchewan, Canada)
What is the impact of a long-term marriage on the provisions of the Marriage and Divorce Act? (Ontario, Canada)
What is the test for equitable sharing of the economic consequences of marriage or marriage breakdown? (Ontario, Canada)
What is the difference between the marriage and the marriage? (Alberta, Canada)
Is the child of the marriage still considered to be a Child of the Marriage? (British Columbia, Canada)
Grey70logo nobg 96dpi


Company

  • About
  • Mission
  • Testimonials
  • Careers
  • Contact

    • Product

  • How It Works
  • Memo Structure
  • Sample Memos
  • Best Practices

    • Resources

  • Blog
  • Caselaw Roundup
  • Terms of Service
  • Privacy Policy


    • @ Copyright 2022 Alexsei Inc. All rights reserved.