Can an application for interim spousal support be granted in spite of the validity of the marriage contract?
Ontario, Canada
The following excerpt is from Schulman v Ganz, 2015 ONSC 3254 (CanLII):
Counsel for the applicant contends that there is a triable issue with respect to the validity of the Marriage Contract. He relies on the decision of Price J. in Pitchford v. Pitchford, [2009] O.J. No. 3468 at para. 19 in support of the applicant's position that interim spousal support may be granted in spite of a waiver of spousal support contained in a marriage contract where there is a triable issue as to the validity and enforceability of the contract.
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