Pre-nuptial agreement varied (case digest)

In Dowell v. Dowell, 2008 BCSC 138, the court considered the implications of a pre-nuptial agreement during an action for spousal support and the division of family assets. Given that the agreement did not address support and that no independent legal advice had been obtained by the wife, fairness required that the agreement be varied. The court awarded 22 percent of the family assets to the wife and the balance to the husband.

Click HERE to view a PDF version of the case digest. Digests of cases on this and other issues are available by subscription through the Case Digest Connection at CLE Online.




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