The applicant husband sought to set aside a cohabitation agreement and its spousal support waiver under sections 56(4) and 33(4) of the Family Law Act.
He argued lack of financial disclosure, failure to understand the agreement due to a learning disability and memory lapse, unconscionability, undue influence, and duress.
The court found the husband's claims of memory loss not credible, noted he received adequate independent legal advice, and determined there was no material non-disclosure or unconscionable conduct by the respondent wife.
The court dismissed the claims, upholding the agreement and the spousal support waiver.
