In a February 19 ruling, Justices Harvey Groberman, Susan Griffin, and Joyce DeWitt–Van Oosten ordered former Liberal cabinet minister Herb Dhaliwal to pay an additional $75,000 to his ex-wife, Neelu Kang. Dhaliwal had already committed to pay $450,000 as part of his pre-nuptial agreement but due to the Dhaliwal family home in Richmond growing in value by $1,050,000 during their eight year marriage, Kang was awarded the extra top up that boosted her payout to $525,000.

VANCOUVER – Former Liberal cabinet minister and businessman has been ordered to pay extra sum to his ex-wife due to the rise in property prices even though he had a pre-nuptial agreement.

In a February 19 ruling, Justices Harvey Groberman, Susan Griffin, and Joyce DeWitt–Van Oosten ordered Dhaliwal to pay an additional $75,000 to his ex-wife, Neelu Kang.

Dhaliwal had already committed to pay $450,000 as part of his pre-nuptial agreement but due to the Dhaliwal family home in Richmond growing in value by $1,050,000 during their eight year marriage, Kang was awarded the extra top up that boosted her payout to $525,000.

According to the ruling, the lump-sum payment schedule in the prenuptial agreement did not take into account the rising cost of housing in Metro Vancouver, reported Georgia Straight newspaper.

"Spousal support will not adequately mitigate the unfairness of the appellant having to bear an increase in real estate prices of more than 100% without sharing in the growth in value of the family home during the period of the marriage and without any adjustment in the lump‑sum payable to her under the agreement," the judges wrote.

Two days before Dhaliwal married Kang in 2008, she signed an agreement intended to keep their assets separate.

It was Dhaliwal's second marriage; his first wife had died of cancer four years earlier. He wanted to ensure that this agreement would protect his children's future should the marriage break down.

Kang, however, maintained in court that she was rushed into signing the agreement as a recent immigrant, not fully appreciating the extent of Dhaliwal's assets or her rights in Canada, reported the Georgia Straight.

The agreement did not include a clause offering spousal-support payments.

When Kang tried to overturn the agreement in B.C. Supreme Court, she was awarded an additional $3,000 per month in spousal support for seven years.

She appealed this in the B.C. Court of Appeal.

They began a relationship in 2005 after Kang visited Vancouver with her son for a six-week holiday, according to the ruling.

She claimed that Dhaliwal never discussed a prenuptial agreement until it was presented to her two days before the marriage.

Dhaliwal, on the other hand, maintained that he first raised the idea of a prenuptial agreement three months earlier because his children wanted to protect their future inheritance, reported the Georgia Straight.