The question whether such an agreement should be considered in determining in the first instance if the business asset is a family asset is perhaps more difficult. The argument can be made that the wording of s. 46 does not restrict the consideration of the court as to contributions to the business to the period after marriage only, and that is, of course, confirmed by the dictum in McIntosh v. McIntosh, supra. Therefore, it can be argued, agreements such as the one alleged in this case should be invoked to negate what the law provides as to such contributions in only the clearest of cases.
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