Archives
-
D’Andrade v Schrage: Marriage Contracts and “Good Faith” Negotiations
The matter of D’Andrade v Schrage was an interesting case out of the Ontario Superior Court of Justice. The judgment of Justice Sachs, released February 28, 2011, dealt with a fairly novel issue: namely, whether a marriage contract should be set aside because, unbeknownst to the husband, on the day the wife signed the contract [...]
Comments OffJul 16th, 2012 | Filed under Domestic ContractsTags: uberrima fides -
Marriage Contract Upheld
Ward v. Ward is an important family law decision upholding domestic contracts entered into by separating parties. In this case, the husband and wife married in 1988 and separated in 2005. The husband was a doctor in Ontario and the wife was employed as an x-ray technologist at the local hospital. Prior to their marriage, [...]
Comments OffMar 16th, 2011 | Filed under Domestic Contracts -
Maher Agreements Upheld
This case is an unsuccessful appeal from a court decision arising from a six day trial. The appellant husband and respondent wife were married on April 27, 1996 and separated on March 27, 2006, both being 61 years of age. As there were no children of the marriage, the major issue at trial was that [...]
Mar 9th, 2011 | Filed under Domestic Contracts, Equalization -
How LeVan v. LeVan interprets marriage contracts
Marriage contracts are a device by which parties can opt out of most or part of the Family Law Act. However, for a marriage contract to override the legislative scheme, the parties must have a clear understanding of their legal rights and obligations. LeVan v. LeVan is a decision from the Ontario Court of Appeal [...]
Jul 25th, 2008 | Filed under Division of Assets, Domestic Contracts






Posts