This is the second of a series of blog posts about prenup or prenup agreements in Ontario. In my first blog, I talked about how property is usually divided when married couples separate under the EQUALIZATION OF NET FAMILY PROPERTY REGIME under the Family Law Act. Here, I’m going to talk about how pre-nups, marriage contracts, and separation agreements can change the way that property is divided when married couples separate.
In this blog, I’m going to talk about what happens if a prenup is set aside (in other words, what will govern the division of property, spousal support, etc.)? I’ll also discuss the doctrines of UNJUST ENRICHMENT, CONSTRUCTIVE TRUST, and RESULTING TRUST – which all doctrines based on equity which can be used by a party to claim that they are entitled to certain property.
Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to getting an uncontested divorce in Ontario, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms). We have Toronto and Ottawa family law lawyers […]