SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: MacDonald v. MacDonald, 2013 NSSC 94
Date: 20130311
Docket: 1217-000777
Registry: Halifax
Between:
Paulette MacDonald
Applicant
v.
Pius MacDonald
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Moira C. Legere Sers
Heard: January 22, 2013, in Port Hawkesbury, Nova Scotia
Subject: Validity of Separation Agreement
Issue: What, if any, evidence exists to nullify agreement.
Summary: 33 year marriage. Separation agreement drafted by the wife=s counsel. The wife waived pension entitlement and spousal support. Two years later, the wife seeks to nullify the agreement based on domestic violence.
Result: Insufficient evidence to nullify agreement or complete the 2nd stage of Milgin test. (Miglin v. Miglin, 2003 SCC 24)
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