How enforceable is a marriage contract?

A marriage contract is only as good as the process used to put it in place, says Jenny Hughes of O’Sullivan Estate Lawyers Professional Corporation.

And this is demonstrated through the case of McCain v. McCain, which is back in the spotlight thanks to the Ontario Superior Court’s recent decision to nullify the waiver of spousal support that was originally agreed upon.

Read: Get couples to sign a prenup

In the original contract, Christine McCain waived her right to spousal support should she and Michael McCain (of Maple Leaf Foods and the McCain family) separate. Instead, she retained the right to keep assets solely registered in her name, and a $7 million lump sum payment.

However, the Court found “subtle and psychological” duress was placed on Christine, says Hughes. So it nullified the waiver and Christine was awarded $175,000 per month in interim spousal support.

Read: Do you take this prenuptial?

This is why Hughes reminds you to tell clients to carefully and fairly negotiate and craft marriage contracts to ensure their enforceability. Also, in Ontario, a valid marriage contract must be in writing, signed by each spouse and witnessed.

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