the Tribunal finds that a party did not understand the nature or consequences of the agreement. Yes, yes. They can sign a marriage contract after their marriage. However, it is best to discuss the issue of a marriage contract with your spouse well before your marriage, as it can cause disharmony in the marriage if brought after your wedding date. Sometimes a party may raise the issue of a marriage contract when it receives an inheritance that can be used to pay a mortgage on the matrimonial home or be used to purchase a matrimonial home. Many couples try therapy when they realize that their marriage is in trouble. Family counselling works for some couples, but it also carries significant risks. For example, therapy works best when people can be open and honest, but sometimes some revelations can push their spouse over the tipping point. Under Canadian law, it is not necessary for a couple to have a marriage contract, but if that is the case, the contract must meet certain criteria to be enforceable, the most important is full and honest financial disclosure. Other criteria are that the contract must be written and that the parties have had independent legal advice. The parties are free to waive these criteria, but this may affect the possibility of cancelling or not cancelling a contract at a later date. Signing a marriage contract under duress, such as an hour before the marriage ceremony, is not in itself a reason to consider that a marriage contract is not applicable, but it may be an element in an investigation into whether a marriage contract should be terminated at a later date.
While the decision on the merits of this right is, as always, factually specific and therefore should not have a significant impact on another case in the future, this is not the case for the decision on the application for leave and, in particular, on the issue of status quo agreements. Although Mr. Justice Mostyn expressed surprise at this, it is a fact that they are generally closed by parties in order to avoid the procedural issue in circumstances where claims are reviewed and/or negotiated. Like any contract, marriage contracts and cohabitations must be written and signed by both parties to be valid. The sigh of this construction resulted in the applicant having to break the clause prohibiting them from enacting proceedings earlier in order to avoid the statute of limitations. This was patently absurd – the court does not intend to expose a contract as a party that violates its terms for the agreement to work. Coulson J. considered that the agreement was suspended, which gave the applicant time to initiate proceedings after the expiry of the suspensive period.