What is the test for equal division of property?
British Columbia, Canada
The following excerpt is from S.K. v S.M, 2021 BCSC 241 (CanLII):
Equal division of family property is the general rule unless there are persuasive reasons for a different result. Unequal division requires something objectively unjust, unreasonable, or unfair in some important or substantial sense: Jaszczewska v. Kostanski, 2016 BCCA 286 at paras. 41–42 [Jaszczewska]. The requirement for a finding of significant unfairness was intended as a caution against trying to accomplish “perfect fairness”: L.G. v. R.G., 2013 BCSC 983 at para. 71.
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