Separation Appraisal

Separation Appraisal

An appraisal is an unbiased, professional estimate of the value of a property. When dissolving a matrimonial estate, it is important that all assets be professionally appraised for a fair and equitable settlement. Some valuation dates that may be important are: date of marriage, date of separation and current market value. The respective accountants, lawyers or mediators should advise the appraisal firm of which dates are to be used in the appraisal. If the separation is being completed by lawyers in a court of law it is important the appraiser completes the report to the specifications outlined in the Supreme Court Family Rules.

  • The appraiser cannot advocate for either party.

  • The appraiser must be deemed an expert, abide by #1 above and act as an expert witness if called upon

Rule 13-2 — Duty of Expert Witnesses

Duty of expert witness

(1)In giving an opinion to the court, an expert appointed under this Part by one or more parties or by the court has a duty to assist the court and is not to be an advocate for any party.

Advice and certification

(2)If an expert is appointed under this Part by one or more parties or by the court, the expert must, in any report he or she prepares under this Part, certify that he or she

(a)is aware of the duty referred to in subrule (1),

(b)has made the report in conformity with that duty, and

(c)will, if called on to give oral or written testimony, give that testimony in conformity with that duty.

Get in touch with Adlaw Appraisals Ltd. now, and see how we can help you.

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