Is a spousal agreement binding on property settlements?
Manitoba, Canada
The following excerpt is from Rosenstock v Karakeeva, 2010 MBQB 176 (CanLII):
In Manitoba, the court has no authority to determine issues of “fairness” regarding property settlements if a spousal agreement is determined to be legally binding. However, where there is a separation agreement dealing with spousal support, at least pursuant to the Divorce Act, R.S., 1985, c. 3 (2nd Supp.), the Manitoba court must apply the principles set out in Miglin in order to ascertain whether the separation agreement substantially complied with the objectives of the Divorce Act at the time of execution and at the time of separation: Lang v. Lang 2003 MBCA 158.
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