Is a matrimonial property agreement enforceable?
Alberta, Canada
The following excerpt is from Mayowski v. Mayowski, 2011 ABQB 31 (CanLII):
In Rarog v. Rarog, 2007 ABQB 98, para. 21, McDonald J. (as he then was) stated: The clear weight of authority is to the effect that non‑compliance with s. 38 of the Matrimonial Property Act renders any agreement that was in fact made, legally unenforceable: Miles v. Miles 2003 ABQB 688 (CanLII), 20 Alta. L.R. (4th) 26 and the authorities cited therein.
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