Peraud v. Peraud

Peraud v. Peraud

The court found the separation agreement merited little weight because it was negotiated without professional assistance, reflected a power imbalance and a fundamental misapprehension about the security of the applicant's income; consequently the agreement did not substantially comply with the Divorce Act and did not bar the applicant's spousal support claim, and the respondent was ordered to pay monthly spousal support of $1,100 commencing immediately.

Citation
2011 NSSC 1
Parties
Petitioner: Shelly Anne Peraud; Respondent: Pascal Michel Peraud
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 January 2011
Procedural Posture
Divorce (spousal Support) / Judgment
Outcome
Applicant's claim for spousal support granted; separation agreement does not bar the claim.
Legal Topics
Enforceability of Separation Agreements, Miglin Two Stage Analysis, Constructive Termination, Economic Consequences of Marriage, Calculation of Support
Source Language
English
Family Law Divorce Contract (separation Agreement) Spousal Support Enforceability of Separation Agreements Miglin Two Stage Analysis Constructive Termination Economic Consequences of Marriage +1 more

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Parties

Shelly Anne Peraud

Petitioner

Pascal Michel Peraud

Respondent

Procedural Posture

Divorce (spousal Support) / Judgment

Legal Issues

  1. 1 Whether the parties' separation agreement bars the applicant's claim for spousal support
  2. 2 Whether the separation agreement was negotiated and executed in circumstances that justify court deference under Miglin
  3. 3 Whether the respondent's conduct constituted constructive termination or otherwise gives rise to support under the Divorce Act

Ratio Decidendi

The court found the separation agreement merited little weight because it was negotiated without professional assistance, reflected a power imbalance and a fundamental misapprehension about the security of the applicant's income; consequently the agreement did not substantially comply with the Divorce Act and did not bar the applicant's spousal support claim, and the respondent was ordered to pay monthly spousal support of $1,100 commencing immediately.

Court Disposition

Applicant's claim for spousal support granted; separation agreement does not bar the claim.

Orders

  • Respondent to pay spousal support to applicant in the amount of $1,100.00 per month, payable on the first of each month, effective immediately.
  • Ms. Walker to prepare the divorce and corollary relief orders.