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                                          SUPREME COURT OF NOVA SCOTIA

                                    Citation: Falkenham v. Falkenham, 2005 NSSC 262

 

                                                                                                                                  Date: 20050930

                                                                                                                Docket: SFHMCA 028192

                                                                                                                              Registry:  Halifax

 

Between:

                                                          Michelle Jean Falkenham

                                                                                                                                            Applicant

                                                                             v.

                                                          Carter Gilbert Falkenham

                                                                                                                                         Respondent

 

 

                                                                LIBRARY HEADING

 

Judge:             The Honourable Justice Moira C. Legere-Sers

 

Heard:                        September 12, 13 & 14, 2005,  in Halifax, Nova Scotia

 

Issue:                          Application pursuant to the Maintenance and Custody Act and the Matrimonial Property Act. Valuation and division of matrimonial and business assets absent reliable evidence.

Unequal division of Assets.                                       

 

Summary:                  The parties were married for 11 years.  They have two children.

 

The Applicant seeks an equal division of business assets and an unequal division of matrimonial assets. Evidence of valuation of the matrimonial assets and business assets is grossly deficient.        

Business assets not divided.  The wife lost her parents' investment in the matrimonial home.  The business assets were depleted minimizing the income available for support.  The matrimonial assets were minimal.   The husband had control over appropriate valuation of business assets.  Both had some control over proper valuation of matrimonial assets.

 

Result:                        Pursuant to the Maintenance and Custody Act, sole custody with supervised access continued pending review.  Child support ordered.

Unequal division of matrimonial assets in favour of the wife. 

The wife's pension remained undivided..

Business assets not divided.

 

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