Does the fact that one of the parties has a significant debt in a matrimonial proceeding make the burden of proof more difficult to achieve?
Nova Scotia, Canada
The following excerpt is from MacPhee v. Doyle, 2014 NSSC 424 (CanLII):
While knowledge of a debt is not essential to its classification as matrimonial in Selbstaedt v. Selbstaedt, 2004 NSSF 110, Dellapinna, J. at paragraph 45 noted “the non-disclosure of a significant debt by one of the parties may make the task of meeting the burden of proof more difficult to achieve.”
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