The parties entered into a prenuptial agreement waiving spousal support and property rights.
After separation, the appellant husband sought equalization and spousal support, and requested the marriage contract be set aside under the Family Law Act.
The motion judge granted summary judgment to the respondent wife, finding the request to set aside the contract was statute-barred by the two-year limitation period in the Limitations Act.
The Court of Appeal allowed the appeal, holding that a request to set aside a marriage contract is a proceeding for a declaration where no consequential relief is sought, and is therefore not subject to a limitation period under s. 16(1)(a) of the Limitations Act.
The underlying claims for equalization and support remain subject to their respective limitation periods.
