Pratt v. Pratt, (1984) 34 Sask.R. 308 (QB)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 09, 1984
• Jurisdiction: Saskatchewan
• Citations: (1984), 34 Sask.R. 308 (QB)

Pratt v. Pratt (1984), 34 Sask.R. 308 (QB)

MLB headnote and full text

Pratt v. Pratt

(Nos. 07500 and 883 A.D. 1983)

Indexed As: Pratt v. Pratt

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

McLellan, J.

August 9, 1984.

Summary:

A wife petitioned for divorce and applied for a distribution of matrimonial assets under the Matrimonial Property Act.

The Saskatchewan Court of Queen's Bench granted the divorce and made a distribution order.

Family Law - Topic 873

Husband and wife - Marital property - Distribution orders - Bars - Unfair and inequitable - For four out of six years of marriage, a husband was addicted to alcohol and unemployed - The wife maintained the family during this time - The husband squandered the mortgage payments on alcohol and incurred debts for this purpose - He sold or pledged household items to pay for alcohol - He harassed his wife daily for money - The Saskatchewan Court of Queen's Bench held that in the circumstances it would be unfair and inequitable to equally distribute the matrimonial property - The court awarded the wife all the matrimonial property upon the wife paying $5,000. to the husband - See paragraphs 14 to 15.

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 21(1) [para. 13]; sect. 21(2)(k), sect. 21(2)(o), sect. 21(2)(q), sect. 21(2)(r), sect. 21(2)(s), sect. 21(2)(t) [para. 13]; sect. 22 [paras. 13-14].

Counsel:

R.L. Finlay, for the petitioner/applicant;

W.R. Wellman, Q.C., for the respondent.

This case was heard before McLellan, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered at Regina, Saskatchewan, on August 9, 1984.