Building on a 2007 LESA paper called Section 8 Factors, Fairness and Fruit of the Marriage Tree, this paper provides a timely update on the challenges lawyers and clients face when dividing family property. Topics include: the presumption of 50/50 sharing in s 7(4), exempt property in s 7(2), ‘just and equitable’ property in s 7(3), settlement (ss 37-38), increases in the value of exempt property, debt and exemptions, valuation date, retroactive and interim support, and pension division.

This paper was presented at LESA’s Family Property Act and Fruit of the Marriage Tree 2021 Update webinar on March 23, 2021.