Let's briefly review the composition of this heritage: the family residences, the furniture they contain, the vehicles, and the entitlement to a retirement plan.
For many married couples, the family heritage represents the majority of the assets they own. Let's summarize the composition of this heritage: the family residences, the furniture that fills them, the vehicles, and the rights to a retirement plan.
In a divorce application, Monsieur is requesting an unequal division of the family heritage. The couple has been married for 12 years, after living together for 7 years. Monsieur is 23 years older than Madame and this is his second union. During the past 9 years of their marriage, Madame earned a bachelor's degree, a master's degree, and began a doctoral studies, thanks to the support of Monsieur. The latter has assets worth $250,000 and liabilities of $170,000. He also holds a pension fund with a value of $800,000.
The Court of Appeal * first notes that the general rule is that the family heritage is subject to an equal division, unless it would result in an injustice. The judge must consider all the evidence and all the relevant elements, even if the burden of proof rests on the one invoking the unequal division. The main case law rules to be considered are the following: the greater contribution of one party to the household expenses and the heritage; the responsibility towards a first spouse and, potentially, children from a previous union; the age difference between the parties, considering in this case that Monsieur must prepare for retirement and that Madame potentially has many years of work ahead of her; the existence of fault or negligence on the part of one of the spouses and the financial situation of the parties.
The Court, considering the entire case, declares that it would be unjust to order an equal division and rules that Monsieur will keep his accumulated gains in his retirement plan.
I remind you of what Aurélien Scholl wrote: "Marriage is one of the most honest ways to get rich." Moreover, I take this opportunity to wish you a good summer season, the legal overview will be back in September.
*500-09-016577-066 (C.A.)
