Supreme Court

Decision Information

Stailing v. Stailing

Court Supreme Court
Date 2011-07-04
Citation 2011 NSSC 501
Docket 1201-064876
Judge/Registrar/Adjudicator Gass, Deborah (Honourable Justice) (SC)
Document Type Library Sheet
Relations Decision - Stailing v. Stailing - 2011 NSSC 501 - 2011-07-04 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Stailing v. Stailing, 2011 NSSC 501

 

Date: 20110704

Docket: 1201-064876

Registry: Halifax

Between:

Valeria Darlene Stailing

Applicant

v.

 

Robert Bruce Stailing

Respondent

 

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Deborah Gass

 

Heard:                        June 9 & 13, 2011 in Halifax, Nova Scotia

 

Written Decision:       February 1, 2012

 

 

Summary:                   Parties entered into a Cohabitation Agreement when they began living together.  They subsequently married.  Petitioner seeks divorce and terms of the Cohabitation Agreement to apply.  Respondent seeks to have Agreement set aside.

 

Issue:                          Status of Cohabitation Agreement

 

Result:                        Cohabitation Agreement is vitiated by the subsequent marriage.  The terms of the Agreement were specifically intended to cover only cohabitation and not marriage.  Additionally, even if it were valid, the provisions, particularly for spousal support, were so unfair as to be unconscionable.  Cohabitation Agreement set aside.

 

 

 

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