FAQs Marriage Contracts

I do not like my marriage contract. Can a court overturn it?

When a party to a marriage contract is not satisfied with the terms of the agreement, he or she may seek to “set aside” the contract. Section 56(4) of the Family Law Act prescribes the circumstances in which a Court may grant such relief, setting aside the entire agreement, or certain provisions.

According to s.56(4), a Court may set aside a domestic contract (for e.g., a marriage contract) or provision therein:

  1. if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;
  2. if a party did not understand the nature or consequences of the domestic contract; or
  3. otherwise in accordance with the law of contract.

The most common reason why a party seeks to set aside a marriage contract is if the other party did not disclose a significant asset, debt, or liability when the contract was prepared. Another common reason for setting aside a marriage contract is if one party did not understand the consequences of the marriage contract, or that the party was forced to sign under duress or undue influence.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.