How have courts considered enforceability of an agreement governed by the Matrimonial Property Act?
Alberta, Canada
The following excerpt is from Sporring v. Collins, 2009 ABQB 141 (CanLII):
Corbeil v. Bebris[22] considered the enforceability of a separation agreement governed by the Matrimonial Property Act. At paragraph 13 the court states: Moreover, no rule in equity or contract invalidates an agreement simply on account of a lack of independent legal advice. The function of the advice, in that context, is to remove a taint that, left unremoved, might, according to contract or equity law, invalidate the contract. Judges cannot therefore simply say that an agreement is unenforceable for lack of independent legal advice. At the very least, they must first find a taint.
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