What is the difference between a domestic contract and a marriage contract?
Ontario, Canada
The following excerpt is from Khan v. Khan, 2005 ONCJ 155 (CanLII):
[61] There may be another reason that this domestic contract has resulted in unconscionable circumstances. There is support for the proposition that the courts will afford less weight to a marriage contract than a separation agreement. Whereas a separation agreement is ordinarily negotiated at arm’s length and with knowledge of the capital assets and income-earning potential of both spouses, a marriage contract on the other hand is negotiated immediately prior to the event and may not reflect the financial condition, means, needs or other circumstances of the parties at the time of breakdown. See Segal v. Qu, supra, at paragraph [93].
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