The parties separated and the wife, who suffers from severe mental illness, sought to reconcile out of a delusional fear for her child's safety.
The husband agreed to reconcile only if she signed a Marriage Contract waiving all rights to spousal support and equalization.
The husband failed to disclose his purchase of a property and a significant withdrawal from their joint account.
The court found that the husband exploited the wife's vulnerability, that she signed the contract under duress, and that she did not understand its consequences due to the non-disclosure.
The court exercised its discretion under s. 56(4) of the Family Law Act to set aside the Marriage Contract.
