What is the effect of Stage Two analysis on property division provisions of a marriage agreement?
Nova Scotia, Canada
The following excerpt is from MacLean v. MacLean, 2009 NSSC 216 (CanLII):
Justice Warner did note that the application of the Stage Two analysis to the property division provisions of a separation agreement is problematic. He said: 42 The application of the Stage Two analysis to matrimonial property is problematic. Section 29 of the Nova Scotia Matrimonial Property Act authorizes the court to vary a separation agreement that is unconscionable, unduly harsh to one party, or fraudulent. My reading of Hartshorne v. Hartshorne, 2004 SCC 22 (S.C.C.), is that, if an agreement is fair at the time of the separation or execution of the agreement, it should not later be interfered with . . .
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