Marital Property - Unequal division

In Gallant v. Gallant, an unreported decision delivered October 19,1998,Terry Beley successfully argued that the court should allow an unequal division of commercial assets due to the significant decline in the value of the husband's business interests from the date of separation to trial through no fault of the husband.

Variations from equality are rare, as the court pointed out, but in the circumstances, it being a privately-held company of which the husband was a minority shareholder, the only reasonable purchaser was the majority shareholder who did buy the business at a lower price than the wife's expert had persuaded the trial judge to accept.

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