What is the effect of a marriage contract allowing the Applicant to preserve his assets in the event of a separation?
Ontario, Canada
The following excerpt is from Odorico v. Odorico, 2021 ONSC 7290 (CanLII):
After considering all the evidence, and on hearing the submissions made on behalf of the parties, I find that their mutual intention behind entering the marriage contract was to agree to allow the Applicant to preserve the assets he had entering the marriage in the event of separation. In a framework within which private parties are permitted to take personal responsibility for their financial well-being upon the dissolution of marriage, courts should be reluctant to second-guess the arrangement on which they reasonably expected to rely. Individuals may choose to structure their affairs in a number of different ways, and it is their prerogative to do so: Hartshorne v. Hartshorne, 2004 SCC 22.
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