MARITAL PROPERTY - Equalization or division - Exempt acquisitions and deductions - Practice and procedure - Appeals

Law360 Canada ( November 14, 2017, 8:01 AM EST) -- Appeal by the husband from a trial judgment ordering equalization of family property and affirming validity of an Islamic marriage contract. The parties married in Iran in 1985 and entered into an Islamic marriage contract. Among other things, the contract included a provision requiring the husband to pay the wife 230 gold coins upon her request. In 2013, the wife initiated divorce proceedings in Ontario. In 2015, a trial occurred on the issues of equalization of family property, post-separation adjustments, and the treatment of the marriage contract. The trial proceeded uncontested. The husband attended trial but was not permitted to participate due to ignoring several prior court orders. The trial judge ordered the husband to make an equalization payment of $187,075 plus post-separation adjustments of $44,450. The marriage contract was affirmed as valid. The equalization payment was inclusive of the gold coins valued at $79,580. The husband appealed....
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