What is the effect of fraudulent acts of the husband on the division of net family property?
Ontario, Canada
The following excerpt is from Kuzmanovic v. Kuzmanovic, 2001 CanLII 28195 (ON SC):
Perhaps I should add here that, although the fraudulent acts of the husband occurred after the date of separation, this is not a bar to an unequal division of net family property. Contrary to earlier authority, it has now been held that post-separation conduct may engage s. 5(6): see Merklinger v. Merklinger supra, where the wife relied on post-separation events to meet the threshold of unconscionability under s. 5(6).
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