The Canadian Abridgment eDigests -- Family Law - WesternSeparation Agreement • March 12th, 2018
Contract Type FiledMarch 12th, 2018Parties were married for four years after living together for five years, and they had two children -- Parties entered into separation agreement in 2005 where wife agreed to forego any claims against husband’s assets because of lawsuits against him, and she waived claim to spousal support -- Parties reconciled about three years later, and remained together for another seven years during which time husband purchased apartment -- Wife applied for relief, including division of family property -- Application granted in part -- Family home was registered in name of husband, but parties agreed it was held in trust for children and was not family property -- Apartment was now residence of husband and was registered in his name -- Husband purchased property with money that was classified as excluded asset under s. 85 of Family Law Act, and apartment was excluded property -- Wife was still entitled to half of appreciation in property value since its purchase -- Apartment had increased in value