Edwards v. Edwards, (1996) 178 N.B.R.(2d) 387 (FD)
Judge | Graser, J. |
Court | Court of Queen's Bench of New Brunswick (Canada) |
Case Date | April 03, 1996 |
Jurisdiction | New 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
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[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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