Sampson v Sampson

Sampson v Sampson

The kitchen table agreement was set aside because Ms. Sampson proved the negotiation was tainted by vulnerability, lack of full financial disclosure and absence of independent legal advice, and the agreement failed to substantially comply with the objectives of the Matrimonial Property Act; on asset division and...

Source-derived case information.

Citation
2023 NSSC 107
Parties
Petitioner: Cheryl Sampson; Respondent: Arthur Sampson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 March 2023
Procedural Posture
Divorce and Corollary Relief / Trial Judgment (decision)
Outcome
Divorce granted; kitchen table separation agreement vacated; assets and debts divided; equalization payment and continuing spousal support awarded; ancillary orders as set out.
Legal Topics
Separation Agreement Validity, Equalization of Matrimonial Property, Asset Valuation, Debt Allocation, Income Imputation, Maintenance Enforcement
Source Language
english
Family Law Matrimonial Property Spousal Support Divorce Separation Agreement Validity Equalization of Matrimonial Property Asset Valuation Debt Allocation +2 more

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Summary, issues, holding and outcome

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Parties

Cheryl Sampson

Petitioner

Arthur Sampson

Respondent

Procedural Posture

Divorce and Corollary Relief / Trial Judgment (decision)

Legal Issues

  1. 1 Should the kitchen table agreement be vacated?
  2. 2 What are the assets and debts of the parties?
  3. 3 What is the appropriate division of the assets and debts?

Ratio Decidendi

The kitchen table agreement was set aside because Ms. Sampson proved the negotiation was tainted by vulnerability, lack of full financial disclosure and absence of independent legal advice, and the agreement failed to substantially comply with the objectives of the Matrimonial Property Act; on asset division and evidence the court calculated equities and awarded Mr. Sampson a further equalization payment of $59,017, set incomes ($12,000 for Ms. Sampson; $75,000 for Mr. Sampson) and ordered continuing spousal support of $1,800 monthly payable indefinitely.

Court Disposition

Divorce granted; kitchen table separation agreement vacated; assets and debts divided; equalization payment and continuing spousal support awarded; ancillary orders as set out.

Orders

  • Divorce granted
  • Order changing Ms. Sampson's surname to Titus