What is the test for setting aside a contract which divides assets between the spouses?
Alberta, Canada
The following excerpt is from Souder v. Wereschuk, 2003 ABQB 258 (CanLII):
The law provides that a contract which divides the assets of married parties will not be set aside on the ground of unfairness alone. However, the law provides that where full disclosure is required, the contract can be set aside where there is material misrepresentation by one of the parties. Failure to provide disclosure where an obligation to provide such exists is a misrepresentation which constitutes a breach of contract. See Moore v. Moore 2000 ABCA 102.
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