MacLean v. MacLean

MacLean v. MacLean

The Separation Agreement was set aside as invalid due to fundamentally flawed negotiation and execution (chaotic signing, lack of independent advice, ambiguity and parties’ vulnerabilities). The Wife was awarded sole custody; the Husband granted reasonable access only after providing a detailed reintroduction and access plan and subject to staged reintroduction in Nova Scotia. Child support was fixed on table amounts: Husband’s child support set at $981 per month from January 1, 2009 (with limited retroactive arrears upheld for 2008). Spousal support was awarded: $1,400 per month for 2008 (resulting in a $15,500 net arrear after R.R.S.P. credit) and $1,000 per month commencing January 1,...

Citation
2009 NSSC 216
Parties
Applicant (wife): Alexa Danielle MacLean; Respondent (husband): Gordon Murray MacLean
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 July 2009
Procedural Posture
Divorce (family Division) / Judgment (final Decision)
Outcome
Separation Agreement declared invalid and set aside; Wife awarded sole custody; Husband granted reasonable supervised/staged access subject to a detailed reintroduction plan; child and spousal support ordered with specified amounts and arrears directions; certain section 7 claims dismissed; court retained...
Legal Topics
Custody and Access Planning, Validity and Setting Aside of Separation Agreements, Calculation of Table Child Support, Section 7 Extraordinary Expenses, Spousal Support Entitlement and Quantum, Division of Matrimonial Debt, Imputation of Income, Review and Variation of Support Orders
Source Language
English
Family Law Divorce Child Custody and Access Spousal Support Child Support Matrimonial Property Enforceability of Separation Agreements Custody and Access Planning +7 more

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Parties

Alexa Danielle MacLean

Applicant (wife)

Gordon Murray MacLean

Respondent (husband)

Procedural Posture

Divorce (family Division) / Judgment (final Decision)

Legal Issues

  1. 1 Whether the separation agreement is valid or should be set aside
  2. 2 Proper custodial regime for the children
  3. 3 Scope and terms of the father's access pending rehabilitation of relationship

Ratio Decidendi

The Separation Agreement was set aside as invalid due to fundamentally flawed negotiation and execution (chaotic signing, lack of independent advice, ambiguity and parties’ vulnerabilities). The Wife was awarded sole custody; the Husband granted reasonable access only after providing a detailed reintroduction and access plan and subject to staged reintroduction in Nova Scotia. Child support was fixed on table amounts: Husband’s child support set at $981 per month from January 1, 2009 (with limited retroactive arrears upheld for 2008). Spousal support was awarded: $1,400 per month for 2008 (resulting in a $15,500 net arrear after R.R.S.P. credit) and $1,000 per month commencing January 1,...

Court Disposition

Separation Agreement declared invalid and set aside; Wife awarded sole custody; Husband granted reasonable supervised/staged access subject to a detailed reintroduction plan; child and spousal support ordered with specified amounts and arrears directions; certain section 7 claims dismissed; court retained...

Orders

  • Separation Agreement set aside and invalidated
  • Wife (Alexa MacLean) awarded sole custody of the two children; she must provide the Husband regular written information about children’s educational, social and health matters