Edwards v. Edwards, (1996) 178 N.B.R.(2d) 387 (FD)

JudgeGraser, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateApril 03, 1996
JurisdictionNew Brunswick
Citations(1996), 178 N.B.R.(2d) 387 (FD)

Edwards v. Edwards (1996), 178 N.B.R.(2d) 387 (FD);

    178 R.N.-B.(2e) 387; 454 A.P.R. 387

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Dawn Edwards (applicant) v. Blake Edwards (respondent)

(FDSJ-6269-95)

Indexed As: Edwards v. Edwards

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Graser, J.

April 25, 1996.

Summary:

A husband and wife separated after ap­proximately two years of marriage. They had one child. The wife petitioned for divorce. The wife sought custody of the child, child and spousal sup­port, and a division of the matri­monial property.

The New Brunswick Court of Queen's Bench, Family Division, granted a divorce, awarded time limited spousal sup­port to the wife, awarded child support, and divided the matrimonial prop­erty ac­cordingly.

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - A husband and wife divorced after ap­proximately two years of marriage - The wife sought, inter alia, equal division of the matrimonial home - The husband sought an unequal division, arguing that he financed the purchase of the matrimonial home and paid for the renovations - How­ever, there was no evidence supporting the husband's assertions - The New Brunswick Court of Queen's Bench, Family Division, divided the matrimonial home equally - The court stated that considering "the brief term of cohabitation the court may have been inclined to consider an unequal divi­sion in favour of the husband" - How­ever, by not "providing financial information and fail­ing to attend at discovery he has been the author of his own detriment in the final calculations. The onus is on he who seeks the unequal division to prove same" - The husband failed to meet this onus - See paragraphs 22 to 31.

Family Law - Topic 875

Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Excep­tions - [See Family Law - Topic 865 ].

Family Law - Topic 886

Husband and wife - Marital property - Considerations in making distribution orders - Conduct incl. lack of disclosure - [See Family Law - Topic 865 ].

Family Law - Topic 890.6

Husband and wife - Marital property - Considerations in making distribution orders - Marriages of short duration - [See Family Law - Topic 865 ].

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance and awards - Awards - Periodic payments - A husband and wife divorced after ap­proximately two years of marriage - The wife sought, inter alia, spousal support - The New Bruns­wick Court of Queen's Bench, Family Division, awarded the wife support pay­ments of $100/month for six months where the wife had a full-time job commencing immediately and the husband was having a hard time financially - See paragraph 34.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance and awards - Awards - To children and children defined - A husband and wife divorced after approximately two years of marriage - The wife sought, inter alia, child support - The New Brunswick Court of Queen's Bench, Family Division, awarded child support payments of $250/month - The wife had a full-time job earning approximately $17,000/year - The husband earned ap­proxi­mately $20,000 to $22,000/year - "On that level of income the child support guidelines call for an amount for one child of approxi­mately $200 a month" - See paragraph 21.

Family Law - Topic 4021.4

Divorce - Corollary relief - Maintenance awards - Awards - Considerations - Ability to pay - [See Family Law - Topic 4010 and Family Law - Topic 4014 ].

Family Law - Topic 4021.5

Divorce - Corollary relief - Maintenance awards - Awards - Considerations - Support tables - [See Family Law - Topic 4014 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - Awards - To wife - Extent of obligation - [See Family Law - Topic 4010 ].

Counsel:

L. Veniot, for the applicant;

A. Jeffries, for the respondent.

This case was heard on April 3, 1996, before Graser, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Saint John, who delivered the following decision on April 25, 1996.

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