What is the test for setting aside a marriage agreement?
British Columbia, Canada
The following excerpt is from Bandpey v Talebpourazad, 2021 BCSC 763 (CanLII):
The court may set aside a marriage agreement for two reasons, as set out in Tian v. Cheung, 2016 BCSC 950 at para. 60: a) Unfairness in making the agreement (unconscionability, undue influence, or duress); or b) Unfairness in the operation of the agreement.
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