Can a prenuptial agreement waiving any rights by the spouse to maintenance apply to the wife?

British Columbia, Canada


The following excerpt is from Fogal v. Fogal, 2006 BCSC 1104 (CanLII):

In Dion v. Dion [1998] BCJ No. 648 Ralph J. heard an application for interim spousal maintenance in the face of a prenuptial agreement waiving any rights by the spouse to maintenance. The wife was awarded maintenance applying the usual standards but the prenuptial agreement was apparently not considered by the court.

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