The applicant sought to set aside a handwritten Consent (domestic contract) signed during a settlement conference, arguing under s. 56(4)(b) of the Family Law Act that she did not understand its nature or consequences.
She claimed she was entitled to an unequal division of property as a management fee for looking after the parties' rental properties.
The court found the applicant's evidence not credible and contradicted by her own actions and her counsel's communications.
The court held that the applicant understood the contract and simply changed her mind because it did not provide for an unequal division.
The applicant's motion to set aside the contract was dismissed, and the respondent's motion to enforce it was granted.