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Benefits of a Marriage Contract

A marriage contract in Canada could mean two things. First, it is a prenuptial agreement which is a contract entered into in contemplation of marriage. Second, it is a postnuptial agreement. This is entered into after the parties have married.          In Canada, marriage creates an economic partnership. Any asset acquired during the marriage will be …

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Marriage Contracts and Limitation Periods

Are marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set aside the marriage contract was allowed, but the OCA was divided on whether all proceedings under the Family Law Act (FLA) that seek to …

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Court Refuses Wife’s Request to Set Aside a Marriage Contract

Can parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …

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Who Owns The Embryo?

Read my comments on ownership in the case of neither party being biologically related to the embryo in question

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