under s. 4(2) of the Family Law Act, R.S.O. 1990, c. F.3 (“FLA”)
and excluded from equalization.
 The parties entered into the maher upon marrying in Iran
on May 18, 1995.1 The parties immigrated to Canada after they
married. Among other things, the maher contained a clause
requiring the husband to pay his wife 230 gold coins upon her
 On October 29, 2013, the wife issued an application in
Ontario claiming a divorce, custody of their children, child support, equalization of NFP and other relief. An order dated September 23, 2014 granted a divorce and another order dated
February 18, 2015 resolved other substantive matters leaving
equalization, post-separation adjustments and the treatment of
the maher for trial.
 A one-day trial took place on November 20, 2015. It proceeded on an uncontested basis because the husband did not
respond and disregarded several court orders. He was present
at the trial but not permitted to participate.
A. The Decision of the Trial Judge
 The trial judge determined the value of properties owned
by each spouse and equalized those values pursuant to s. 5(1) of
the FLA. He also made a valuation of the post-separation
adjustments claimed by the wife.
 The trial judge ordered the husband to pay the wife an
equalization payment of $187,075 and post-separation adjustments of $44,449.93. The trial judge stated the equalization
payment was “inclusive of the Maher”. The trial judge found
the value of the 230 gold coins was $79,580. The trial judge’s
description of his order as an equalization payment of $187,075,
“inclusive of the Maher”, is misleading. As will be explained further below, the trial judge actually treated the maher obligation
as separate from or, in the terms of the FLA, as “excluded” from
the equalization calculation. Having calculated the equalization
payment owing as $107, 495, he then added the $79,580 maher
payment value to the amount owing by the husband to the wife
to arrive at the total of $187,075. The trial judge also ordered
the husband to apply for an Islamic Iranian divorce at an
approved agency and to register the divorce with the Iranian
government within 30 days.
1 A copy of a translation of the maher, as filed in tab 11 of the appellant’s
exhibit book, is attached in the appendix to these reasons.