Bramwell v. Bramwell

Bramwell v. Bramwell

Because the petitioner relocated to a jurisdiction unlikely to enforce foreign support orders and failed to comply with disclosure and participation obligations, the court exercised its discretion to award a reduced lump sum spousal support of $20,064 combined with a periodic support award and to award costs of $5,000 under Tariff A, Scale 2 with an addition for hearing time.

Citation
2012 NSSC 189
Parties
Petitioner: Robert Bramwell; Respondent: Danielle Bramwell
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 May 2012
Procedural Posture
Family Law Spousal Support / Hearing and Decision on Spousal Support and Costs
Outcome
Awarded lump sum spousal support of $20,064 plus periodic support until varied; respondent successful on division of debts; costs awarded to respondent in the amount of $5,000; respondent's counsel to draft the order.
Legal Topics
Lump Sum Support, Periodic Support, Enforcement Issues, Disclosure Failures, Costs Assessment, Division of Debts
Source Language
English
Family Law Spousal Support Costs Enforcement of Foreign Support Orders Pension Division Debt Division Lump Sum Support Periodic Support +4 more

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Parties

Robert Bramwell

Petitioner

Danielle Bramwell

Respondent

Procedural Posture

Family Law Spousal Support / Hearing and Decision on Spousal Support and Costs

Legal Issues

  1. 1 Whether lump sum or periodic spousal support should be awarded given enforcement concerns
  2. 2 Quantum of spousal support
  3. 3 Appropriate division of debts and pension

Ratio Decidendi

Because the petitioner relocated to a jurisdiction unlikely to enforce foreign support orders and failed to comply with disclosure and participation obligations, the court exercised its discretion to award a reduced lump sum spousal support of $20,064 combined with a periodic support award and to award costs of $5,000 under Tariff A, Scale 2 with an addition for hearing time.

Court Disposition

Awarded lump sum spousal support of $20,064 plus periodic support until varied; respondent successful on division of debts; costs awarded to respondent in the amount of $5,000; respondent's counsel to draft the order.

Orders

  • Lump sum spousal support awarded in the amount of $20,064.
  • Periodic spousal support awarded (to continue until varied by court or agreement).