Bakes v. Bakes

Bakes v. Bakes

The court found on objective evidence that the petitioner entered a common law relationship by March 2003; applying Miglin the separation agreement was valid and its termination clause for spousal support should be enforced because there was no vitiating conduct in negotiation and enforcement did not represent a significant departure from the Divorce Act objectives. Accordingly spousal support terminated effective March 2003; child support was set based on the husband’s projected 2003 income of $70,600 producing $922/month from May 1, 2003; arrears ordered paid at $900/month with a $300/month deduction mechanism tied to an agreed matrimonial debt payment; matrimonial home appraisal and...

Citation
2003 NSSC 130
Parties
Petitioner: Kelly Bakes; Respondent: Peter Bakes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 May 2003
Procedural Posture
Divorce / Decision (corollary Relief)
Outcome
Divorce granted; separation agreement generally enforced; spousal support terminated effective March 2003; child support ordered per Guidelines; matrimonial home appraisal and sale procedure ordered; health insurance obligation limited to employer plan eligibility.
Legal Topics
Common Law Relationship Determination, Enforceability of Separation Agreements, Termination of Spousal Support, Child Support Calculation Under Federal Guidelines, Disposition of Matrimonial Home, Health Insurance Obligations Post Separation
Source Language
English
Family Law Matrimonial Property Contract (separation Agreement) Support (spousal and Child) Insurance/benefits Common Law Relationship Determination Enforceability of Separation Agreements Termination of Spousal Support +3 more

Case Brief

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Parties

Kelly Bakes

Petitioner

Peter Bakes

Respondent

Procedural Posture

Divorce / Decision (corollary Relief)

Legal Issues

  1. 1 Whether the petitioner was living in a common law relationship such that the separation agreement term terminating spousal support is triggered
  2. 2 Whether the court should override or vary the separation agreement and order continued spousal support
  3. 3 Proper quantum and basis for child support and the husband’s income to be used

Ratio Decidendi

The court found on objective evidence that the petitioner entered a common law relationship by March 2003; applying Miglin the separation agreement was valid and its termination clause for spousal support should be enforced because there was no vitiating conduct in negotiation and enforcement did not represent a significant departure from the Divorce Act objectives. Accordingly spousal support terminated effective March 2003; child support was set based on the husband’s projected 2003 income of $70,600 producing $922/month from May 1, 2003; arrears ordered paid at $900/month with a $300/month deduction mechanism tied to an agreed matrimonial debt payment; matrimonial home appraisal and...

Court Disposition

Divorce granted; separation agreement generally enforced; spousal support terminated effective March 2003; child support ordered per Guidelines; matrimonial home appraisal and sale procedure ordered; health insurance obligation limited to employer plan eligibility.

Orders

  • Divorce granted
  • Terms of separation agreement related to custody and access incorporated and to govern those issues