Setting Aside Agreements: Challenging Domestic Contracts

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Authors: Tamasine I. Davies QC and Laura Coffell

This paper explores five main grounds used to challenge the enforceability of domestic contracts: not meeting statutory requirements, inadequate financial disclosure, duress, unconscionability, and lack of independent legal advice. The paper also discusses unique factors relating to spousal support challenges in light of the Miglin decision.

This checklist is part of a collection presented at LESA’s Family Law Contracts program in Edmonton on October 1, 2019 and in Calgary on October 10, 2019.

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