What is the test for distributing matrimonial property equally between spouses?

Alberta, Canada


The following excerpt is from Bracewell v. Bracewell, 1994 CanLII 9145 (AB QB):

Section 7(4) of the Matrimonial Property Act requires a court to distribute matrimonial property equally between the spouses unless it appears that it would not be just and equitable to do so, taking into consideration the matters set out in section 8. In Mazurenko v. Mazurenko, supra, Stevenson J.A. states, at p. 364: It would be extremely difficult, indeed impossible, to establish any formula for the application of the heads in s. 8. The legislation avoids formulation. The court must, in my view, look at the relevant facts under s. 8 and then ask itself if it would be unjust or inequitable to divide the property equally. That conclusion would not be lightly reached. There must be some real imbalance in the contribution having regard to what was expected of each or attributable to the other factors in s. 8. In establishing the presumption I take the legislature to have decided that in ordinary cases equality is the rule.

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