How has the court disposed of the theory that each of the spouses must earn an interest in the assets of the other over the course of the marriage?
British Columbia, Canada
The following excerpt is from Girard v. Girard, 1983 CanLII 286 (BC CA):
In Baird v. Baird, supra, Seaton J.A., giving the reasons of this court, disposed of the theory that each of the spouses must earn an interest in the assets of the other over the course of the marriage so that in a short marriage the equality of interest could not be achieved. The 1duration of the marriage is a factor. It is a more significant factor in relation to assets brought into the marriage than it is in relation to assets acquired during the marriage. But it is only a factor and it must be assessed in relation to the basic position that equality is the general rule which can only be departed from on the grounds of unfairness.
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