What is the effect of a marriage agreement on property division?
British Columbia, Canada
The following excerpt is from Hartshorne v. Hartshorne, 2002 BCCA 587 (CanLII):
In some cases the agreement represents the parties' attempt to resolve matters in dispute between them after the marriage has broken down. In those cases, what the parties have in the way of assets and liabilities, earning capacity, and obligations for children are generally either known or are ascertainable at the time the agreement is executed. In others, such as Gold, supra, and Rohani v. Rohani (2000), 167 B.C.A.C. 109, 2002 BCCA 253, marriage agreements are executed in the face of marital conflict but with some expectation on the part of one or both parties that the marriage would continue. V. WAS THE DIVISION OF PROPERTY UNDER THE MARRIAGE AGREEMENT UNFAIR AT THE TRIGGERING EVENT?
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