Does a marriage contract have a greater duty of good faith and fair dealing than a traditional marriage contract?
Ontario, Canada
The following excerpt is from Stevens v. Stevens, 2012 ONSC 706 (CanLII):
In making her decision, Sachs J. considered the case of Patrick v. Patrick, [2002] O.J. No. 639, [2002] O.T.C. 131, 112 A.C.W.S. (3d) 302 (S.C.J.), where Mesbur J. made the following comments [at para 54.]: Unlike separation agreements, marriage contracts are contracts uberrimae fidei, contracts requiring the utmost fidelity and good faith between the parties. A greater duty of dealing in good faith is owed in marriage contracts. Because of the special relationship between the parties as intended spouses, they are not entirely at arm's length and thus owe one another duties of good faith and fair dealing.
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