What is the effect of a common-law or cohabitation agreement when the parties are in contemplation of marriage?

Saskatchewan, Canada


The following excerpt is from Iradi v. Iradi, 2002 SKQB 64 (CanLII):

A common-law or cohabitation agreement similar to the one completed by the parties in these proceedings was dealt with in the decision of Pearson v. Pearson, 2002 SKQB 17 by Koch J. That agreement covered the matter of cohabitation of the parties, outlined the property that they owned and how it was to be handled in the event that they ceased to cohabit. There was no reference in the agreement as to the affect of the agreement in the event the parties were to marry. Koch J. at paragraph 55 of this decision said the following: ... The agreement does not contemplate the marriage of the parties. In accordance with the law at the time the agreement as it stands did not survive the marriage event. A new agreement would have been required after or in contemplation of marriage.

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