Married Out of Community of Property? You May Still Be Entitled to a Share
“Justice cannot be for one side alone, but must be for both.” (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court found otherwise. A woman who spent three decades running a home, raising her husband’s children, supporting his career, and making financial contributions to joint expenses […]
Divorce Diaries: Anti-Dissipation Orders in Action
When you’re going through a divorce it’s common to suspect your ex is selling off assets on the sly or concealing them from you outright. The paranoia is justified: you could leave the marriage with a lot less than your fair share. A recent SCA (Supreme Court of Appeal) battle over an ex-husband’s decision to sell his property without telling his ex-wife raises further concerns. Why did his ex-wife’s “anti-dissipation interdict” fail, and what can you do to avoid the same fate?