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May 30, 2024 · Unfair Terms: Courts may refuse to enforce a marriage contract if it is deemed to be unfair or heavily one-sided. For instance, if the agreement leaves one spouse without any means of support while the other retains substantial wealth, it might be considered unconscionable.
The court upheld the marriage contract, rejecting the wife’s claims of duress and undue influence, finding the contract to be fair and legally sound. A two-stage test is used by courts to determine if a marriage contract should be invalidated, focusing on intentions at the time of agreement and compliance with Divorce Act objectives.
Aug 14, 2024 · Miglin, 2003 SCC 24, the Supreme Court of Canada addressed (in paragraphs 225-226, 228) unconscionability in the context of a marriage contract. The case involved a 14-year marriage with children, the need for spousal support and real properties; the wife argued that the marriage contract’s terms were overly harsh and not reflective of current circumstances.
Nov 20, 2023 · However, the court found that the marriage contract did not appear to be unfair or the product of unequal bargaining power. On its face, the court found that the contract seemed to be a valid domestic agreement signed by both parties. The court emphasized that it should exercise caution in interfering when parties are settling their affairs.
Oct 30, 2020 · The husband sought to set aside the marriage contract on grounds that he: (1) received inadequate financial disclosure; (2) did not understand the marriage contract; and (3) signed the marriage contract under duress. Alternatively, he sought to rectify the marriage contract in order to permit him to claim an interest in the matrimonial home.
Jan 2, 2019 · An action will, however, lie for breach of promise of marriage by a married man or woman if he or she was not known to be married by the other contracting party at the time of the promise. §7 The court will not enforce a promise of marriage given in consideration of the plaintiff's entering into an immoral relationship or an illicit cohabitation.
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Mar 17, 2016 · The Court held that the trial judge wrongly attached weight “to the subjective intentions of the parties and to circumstances which only came to light after the contract was formed” (at para 36, emphasis in original). In the words of the Court, “Evidence regarding what occurred after the LOU was signed or the subjective intentions of the parties is irrelevant and does not form part of ...
