While spouses can make any type of financial arrangement in a marriage contract, there are a couple major items which cannot form party of a valid marriage contract. One, parties to a marriage contract cannot pre-determine custody or access to the children. And, two, a marriage contract cannot put any limits on the rights of either party to occupy the matrimonial home. These legal prescriptions are enshrined in section 52(2) and section 52(1)(c) of the Family Law Act, respectively.
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About the author
Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.