The applicant sought a declaration that a marriage contract and subsequent amending agreement executed prior to marriage were valid and enforceable.
The respondent argued the agreements should be set aside under s. 56(4) of the Family Law Act due to alleged nondisclosure of significant assets, lack of understanding of the agreements’ consequences, and misrepresentation and undue influence.
The court found the applicant had provided adequate financial disclosure and that the respondent understood the essential terms, including waivers of spousal support and equalization.
Independent legal advice had been obtained and the respondent chose not to pursue further disclosure.
The court also held that the applicant’s potential interest in a discretionary family trust was incapable of valuation and had been adequately disclosed as a contingent inheritance.
The marriage contract and amending agreement were upheld and the respondent’s application to set them aside was dismissed.
