Common Contracts
1 similar Domestic Contracts and Settlements contracts
The Canadian Abridgment eDigests -- Family Law - WesternDomestic Contracts and Settlements • October 4th, 2021
Following brief marriage, parties entered into agreement (2015 agreement) without receiving independent legal advice prior to its execution -- Wife later instructed legal counsel to prepare formal agreement which husband refused to sign -- Trial judge found that 2015 agreement should have nominal weight -- Wife appealed -- Appeal allowed -- Absence of independent legal advice invalidates purported interspousal contract under s. 38 of Family Property Act -- However, absence of such advice does not, on its own, render an agreement unenforceable or without probative value for purposes of s. 40 of Act -- When faced with spousal agreements failing to meet formalities of s. 38 of Act, Saskatchewan courts must strive to recognize parties’ contractual autonomy, having regard for both context in which negotiations occurred and objects and purposes of Act -- Series of sequential steps was set out for approaching interspousal agreement under s. 40 of Act -- Trial judge’s application of doctrine o
