What is the test for determining whether there was oppression, pressure, or other vulnerability in the negotiation and execution of a marriage agreement?
British Columbia, Canada
The following excerpt is from Bandpey v Talebpourazad, 2021 BCSC 763 (CanLII):
In assessing the circumstances surrounding the negotiation and execution of a marriage agreement the court must consider whether there was oppression, pressure, or other vulnerability. It must also consider the conditions under which the negotiations took place, their duration, and whether there was professional assistance: Miglin v. Miglin, 2003 SCC 24 at para. 81.
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