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The court upheld the prenuptial agreement, dismissed the respondent’s spousal support claim, set child support under the Guidelines, and found separation on June 19, 2019.
The court dismissed a claimant’s application for extensive non-party disclosure from a spouse’s new husband, finding the request was insufficiently pleaded and unsupported.
An application under s.56(4) FLA to set aside a marriage contract is a proceeding for a declaration and falls within s.16(1)(a) of the Limitations Act so no limitation period applies to the declaration itself; consequential relief remains subject to the limitation periods that govern those remedies — equalization is governed by FLA s.7(3)(b) (six years from separation) and spousal support is not subject to a limitation period (s.16(1)(c) of the Limitations Act) — therefore the motion judge erred in applying the two‑year general limitation and the appeal is allowed.
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The court stayed British Columbia proceedings on property division and spousal support, but kept jurisdiction over parenting and child support.
Shared parenting was refused because the parties lack the necessary communication, cooperation and integration of parenting styles, particularly given the child's medical needs; joint custody was ordered with the child’s primary residence with the petitioner and a detailed parenting schedule set; child support fixed at the table amount of $656/month based on respondent income and s.7 expenses to be shared proportionately; the prenuptial agreement was set aside due to the petitioner’s vulnerability, lack of disclosure and absence of independent legal advice at execution, triggering statutory e…
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The court had jurisdiction over a Vancouver property dispute, but stayed the B.C. proceedings in favour of comprehensive ongoing litigation in Portugal.
The Yukon Court of Appeal dismissed an appeal over duress and a marriage agreement, holding the 2009 document was signed under duress and the 2007 agreement controlled.
The court found the marriage agreements were not enforceable as written, held they were mutually rescinded by the parties’ conduct, and ordered equal division of family assets.
The trial judge’s factual findings that disclosure was adequate (schedule attached and appellant’s access to company records), that the appellant received and understood independent legal advice (having been offered other counsel), that there was no credible duress, that post-marriage transactions caused no financial detriment under the Miglin test, and that the memorandum met the test for admissibility, supported upholding the marriage contract; the appellate court found no reversible error and dismissed the appeal.
Source excerpt
Family law trial on divorce, property division, child support, and spousal support. The court enforced a handwritten prenuptial arrangement in part and valued family assets for equal sharing.
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