What is the test for a valid domestic contract?
Ontario, Canada
The following excerpt is from Dillon v. Dillon, 2014 ONSC 2236 (CanLII):
Independent legal advice is not a requirement for a valid domestic contract. However, the lack of such advice or representation may be a factor to consider along with other circumstances. See: Dougherty v. Dougherty, supra, at para. 11.
Ineffective legal advice may not overcome defects in the negotiation process, such as the lack of meaningful financial disclosure, resulting in a party being unable to fully understand the consequences of the agreement. See: Levan v. Levan, supra, at paras. 35 and 62-62.
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