This trial decision addresses the validity of a Cohabitation Agreement (CA) and associated property claims between common-law spouses.
The Applicant sought to set aside the CA, alleging duress, undue influence, unconscionability, misrepresentation, and lack of meaningful independent legal advice (ILA), and claimed a constructive trust interest in the family home.
The court found that the Applicant was not under duress or undue influence when signing the CA, nor were the property division provisions unconscionable.
The court also determined that the parties' conduct did not repudiate the CA.
The Applicant's claims regarding the CA's validity concerning property rights and her constructive trust claim were dismissed, affirming that property should be divided according to legal title as per the agreement.
