What is the effect of a pre-nuptial agreement waiving a right to apply under the Family Law and Divorce Act?
British Columbia, Canada
The following excerpt is from Miller v. Millir, 2011 BCSC 29 (CanLII):
Even if there had been an enforceable marriage agreement, it would only be a factor for consideration and not determinative respecting the division of family assets or the plaintiff’s entitlement under the WVA. Even an express waiver in a pre-nuptial agreement of the right to apply under the WVA has been found to be just a factor to consider rather than a bar. See Steernberg v. Steernberg, 2006 BCSC 1672, at para. 70, and cases cited therein.
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