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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