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- Title
NSCA Upholds Presumption of the Equal Division in Matrimonial Property Dispute.
- Authors
Shen, Emile
- Abstract
The Nova Scotia Court of Appeal recently upheld a lower court decision in the case of Davis v. Harrison, which ordered the equal division of a pension in a divorce proceeding. The court ruled that the division should include contributions made by the main pension holder from the start of their service until the date of separation. Davis had contested the inclusion of premarriage pension contributions in the division, but the court found that pension entitlements earned before and during marriage are presumptively equally divisible. Davis appealed the decision, but the Court of Appeals rejected his arguments and affirmed the lower court's decisions.
- Subjects
MARITAL property; PRESUMPTIONS (Law); LEGAL judgments
- Publication
Plans & Trusts, 2024, Vol 42, Issue 2, p30
- ISSN
2164-3857
- Publication type
Article