Hannah v. Hannah, 2010 SKQB 369

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 06, 2010
• Jurisdiction: Saskatchewan
• Citations: 2010 SKQB 369;(2010), 363 Sask.R. 224 (FD)

Hannah v. Hannah (2010), 363 Sask.R. 224 (FD)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. OC.047

Shane Lewis Hannah (petitioner) v. Tamarah Lynn Hannah (respondent)

(2009 D.I.V. No. 514; 2010 SKQB 369)

Indexed As: Hannah v. Hannah

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

McIntyre, J.

October 6, 2010.

Summary:

The parties separated in August 2006. In November 2006, they executed an interspousal contract under which the family property was equalized and both parties waived any right to spousal support. In the event of a reconciliation, the agreement was to remain binding. The parties reconciled in May 2007 and separated again in July 2008. The wife filed a certificate of pending litigation against the family home and sought interim child support, an interim distribution of property and interim spousal support. The husband sought to vacate the certificate of pending litigation.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered interim child support and an interim distribution. The court refused to order interim spousal support or to vacate the certificate of pending litigation.

Family Law - Topic 880.6

Husband and wife - Marital property - Distribution orders - Relief or interim relief - [See Family Law - Topic 4078 ].

Family Law - Topic 880.11

Husband and wife - Marital property - Distribution orders - Enforcement - Lis pendens (incl. effect of) - [See Family Law - Topic 4078 ].

Family Law - Topic 948.2

Husband and wife - Marital property - Distribution orders - Practice - Interim distribution or borrowing against - [See Family Law - Topic 4078 ].

Family Law - Topic 3353

Separation agreements, domestic contracts and marriage contracts - Effect of agreement - In divorce actions - Corollary relief - [See Family Law - Topic 4078 ].

Family Law - Topic 3361

Separation agreements, domestic contracts and marriage contracts - Effect of agreement - Waiver of right to maintenance - [See Family Law - Topic 4078 ].

Family Law - Topic 4078

Divorce - Corollary relief - Interim maintenance - Effect of separation agreement, etc. - The parties separated in August 2006 - In November 2006, they executed an interspousal contract under which the husband paid the wife $200,000 initially and was to pay a further $30,000 at a later date in order to equalize property - Both parties waived any right to spousal support - In the event of a reconciliation, the agreement was to remain binding - The wife purchased a home - The parties reconciled in May 2007 - The wife sold her home and returned to the family home until the parties separated again in July 2008 - The husband asserted that the wife had loaned him $199,900 from the sale proceeds from her home - The wife asserted that the proceeds had been applied to the mortgage on the family home - The wife filed a certificate of pending litigation against the home and sought, inter alia, an interim distribution of property and interim spousal support, asserting that the interspousal contract should be set aside due to her mental illness at the time when it was executed - The husband sought to vacate the certificate of pending litigation - The Saskatchewan Court of Queen's Bench, Family Law Division, ordered the husband to pay the wife $50,000 in the interim - The issue of spousal support was to be dealt with at trial - The evidence on the interim application was not sufficient to overcome the presumptively dispositive effect of the contract - If the wife was successful in setting aside the interspousal contract, the family home would be divisible family property - Therefore, the husband's application to vacate the certificate of pending litigation was dismissed.

Real Property - Topic 7853

Title, registration of instruments, etc. - Lis pendens or certificate of pending litigation - Vacating of - General - [See Family Law - Topic 4078 ].

Cases Noticed:

Parker Estate v. Parker (2008), 309 Sask.R. 154; 2008 SKQB 30 (Fam. Div.), refd to. [para. 7].

Jarvis v. Parker - see Parker Estate v. Parker.

Evashenko v. Evashenko, [2010] 7 W.W.R. 471; 354 Sask.R. 74; 2010 SKQB 45 (Fam. Div.), refd to. [para. 15].

Miglin v. Miglin, [2003] 1 S.C.R. 303; 302 N.R. 201; 171 O.A.C. 201; 2003 SCC 24, refd to. [para. 16].

N.R. v. B.B. et al., [2009] 1 S.C.R. 295; 385 N.R. 85; 266 B.C.A.C. 1; 449 W.A.C. 1; 2009 SCC 10, refd to. [para. 18].

Tkalych v. Tkalych (2001), 208 Sask.R. 19; 2001 SKQB 208 (Fam. Div.), refd to. [para. 20].

Counsel:

Peggy M. Benko, for the petitioner;

Lindsay A. Wacholtz, for the respondent.

These applications were heard by McIntyre, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on October 6, 2010.