Enforceability Of Domestic Agreements

Lawyers treat these contracts in different ways. Pre-marriage contracts (i.e. cohabiting, marriage and pre-marriage contracts) differ in the origin, purpose and application of separation agreements. However, the forensic analysis of the circumstances of these agreements, i.e. factors taken into account in discussions on their applicability, is largely consistent. Siegel v Siegel21 is a decision of the Alberta Court of Queen`s Bench following Rick and Brown, in which the applicant challenged the enforceable force of a pre-marital agreement on the ground that the defendant “misrepreses, fraudulently or negligently, the state of his property at the time of the marriage, by failing to reveal his exact interest in arable land as described in Schedule A.” , the most tainted agreement could not be completely undone. Finally, there may be a nuanced approach to analyzing and applying these agreements as “factors” and not as an “all-or-nothing” game. The Court of Appeal did not realize the undue influence. In a relentlessly abominable dissent, Slatter J.A. illustrates the lack of consensus on this issue at the appeal level, but also serves to highlight the fundamental concerns related to the finding of inappropriate influence on national contracts of this type. Corbeil v Bebris6 examined the applicability of a national contract subject to the Marriage Property Act.

Point 13 of the Court of Justice provides that these decisions provide an overview of how the courts draft these agreements through the legislative framework or just to determine their applicability. The mere existence of an agreement does not place you in the realm of summary judgment. Despite the language of the agreement that might suggest something else, it should not, in itself, serve as a complete response and defence for future claims. Webb certainly seems to have taken stock of a lawyer`s duty of care in domestic and marital matters. The decision is most instructive as a guide to general best practices for lawyers who provide independent legal advice on all domestic contracts:43 Most would agree that the “bar” was raised for the financial disclosure of marriage contracts with Rick v Brandsema.19 The Supreme Court of Canada upheld the spouses` right to the finances of the other.

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