This case concerns a trial of an issue regarding the enforceability of a Cohabitation Agreement, which became a Marriage Contract upon the parties' marriage.
The Applicant husband sought to uphold the agreement, while the Respondent wife sought to have it set aside.
The court found that the Applicant failed to provide significant financial disclosure, undervaluing assets by a substantial margin and omitting business interests.
The Respondent did not fully understand the nature or consequences of the agreement due to language barriers, comprehension challenges, and the Applicant's emotional and psychological manipulation, including threats to cancel the wedding.
The agreement also contained an unenforceable provision regarding the matrimonial home.
Consequently, the court set aside the domestic contract in its entirety, finding a failure of procedural integrity due to the Applicant's exploitation of the Respondent's vulnerability.