In a family law proceeding, the applicant sought to bifurcate the case so that the validity of two marriage contracts would be tried first before addressing spousal support and equalization claims.
The respondent opposed bifurcation and sought interim expenses of $100,000 to fund the litigation.
Applying Rule 12(5) of the Family Law Rules and relevant jurisprudence, the court held that the validity of the marriage contracts was a threshold issue and that splitting the case would likely shorten the litigation, reduce expense, and promote settlement.
The court found no prejudice to the respondent and ordered a first trial limited to the validity of the marriage contracts.
The respondent’s motion for further interim expenses was dismissed because a prior award remained sufficient to fund the initial trial stage.
