What is the test for disclosure of a debt in a matrimonial proceeding?
Nova Scotia, Canada
The following excerpt is from Illingworth v. Illingworth, 2020 NSSC 285 (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.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a lawyer who was a witness in a civil proceeding be an advocate in that proceeding? (Nova Scotia, Canada)
What is the test for disclosing a debt in a matrimonial proceeding? (Nova Scotia, Canada)
What authority exists to order the sale of the matrimonial home pursuant to section 10(1)(b), 15 (b) and 19 of the Matrimonial Property Act? (Nova Scotia, Canada)
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)
What is the impact of not disclosing a debt in a matrimonial proceeding? (Nova Scotia, Canada)
Is the internal workings of the discipline process protected from disclosure? (Nova Scotia, Canada)
Is there any case law supporting disclosure of privileged information? (Nova Scotia, Canada)
How is relevance and materiality determined in a class proceeding? (Nova Scotia, Canada)
What is the test for establishing that a person is mentally competent to produce evidence in a family law proceeding? (Nova Scotia, Canada)
What is the test for determining whether a party can proceed with an application? (Nova Scotia, Canada)
