Lawyers encounter domestic contracts in various forms: cohabitation agreements, marriage contracts, pre-nuptial agreements, and separation agreements. Consistent amongst these domestic contracts is the judicial analysis of the circumstances surrounding these agreements, and the factors considered in determining their enforceability. In addition to analyzing the enforceability of domestic contracts, the authors outline grounds on which such contracts may be set aside, such as statutorily requirements not being met or inadequate financial disclosure. Further, the role of independent legal advice and its impact on setting aside domestic contracts is discussed, and tips for lawyers giving independent legal advice are provided.

This paper is part of a collection presented at LESA’s Advanced Matrimonial Property program in Calgary on January 6, 2016 and in Edmonton on January 12, 2016.