Can a matrimonial property division benefit the parties' children?
Alberta, Canada
The following excerpt is from Shields v. Shields, 2006 ABQB 368 (CanLII):
In this case there is no indication in the parties’ agreement that the matrimonial property division was intended to or did benefit the parties’ children. The Minutes of Settlement provide for child maintenance based on guideline amounts as described above. Property issues are dealt with separately in the agreement and are not related to the parties’ child support obligations. In the absence of any link between matrimonial property and child support, I see no basis to characterize this as a special provision nor to find any specific benefit to the children (McConville v. McConville, [2003] O.J. No. 4912 (S.C.J.).
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