Derbyshire v. Derbyshire, (1976) 1 A.R. 247 (TD)

• Judge: Brennan, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 09, 1976
• Citations: (1976), 1 A.R. 247 (TD)

Derbyshire v. Derbyshire (1976), 1 A.R. 247 (TD)

MLB headnote and full text

Derbyshire v. Derbyshire

Indexed As: Derbyshire v. Derbyshire

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Brennan, J.

November 9, 1976.

Summary:

This headnote contains no summary.

Family Law - Topic 4006

Divorce - Corollary relief - Maintenance - Effect of a separation agreement - Divorce Act, s. 11 - The Alberta Supreme Court, Trial Division, stated that a court must apply s. 11 to matters as they exist at the time of the trial rather than at the time of a separation agreement - See paragraph 10.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance award - Periodic payments - The husband, a dentist, earned $82,000.00 per annum - The Alberta Supreme Court, Trial Division, ordered the husband to pay to his former wife $2,500.00 per month for the support of his former wife and three children.

Family Law - Topic 4011

Divorce - Corollary relief - Maintenance - Lump sum maintenance award in addition to periodic payments - The Alberta Supreme Court, Trial Division, stated that lump sum awards in addition to periodic payments are the exception and not the rule - See paragraph 17.

Cases Noticed:

Krause v. Krause, [1976] 2 W.W.R. 622, folld. [para. 17].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 11 [para. 7].

Counsel:

H.F. Landerkin, for the petitioner;

J.I. Westerberg, for the respondent.

The judgment of the Trial Division of the Alberta Supreme Court was delivered by Brennan, J., at Calgary, Alberta on November 9, 1976.