What is the test for granting an order nisi to one of the parties in a long-term relationship?
Saskatchewan, Canada
The following excerpt is from Deptuck v. Deptuck, 1966 CanLII 359 (SK QB):
Applying these principles, I must decide, first, whether either party should be granted an order nisi; secondly, whether, as the trial Judge did in Blunt v. Blunt, I should grant an order nisi to one and not the other; or, finally, because the blame for the breakdown of the marriage should be equally shared and there being no circumstances to justify a judicial preference as between one party and the other I should grant an order nisi to each party.
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