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Unfortunately they have still left a loophole,if the original agreement can be shown as inherently "unfair" or "coerced" then it will be treated as though no agreement ever existed.
"All you fascists bound to lose" - Woody Guthrie
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if the original agreement can be shown as inherently "unfair" or "coerced" then it will be treated as though no agreement ever existed.
Does this loophole also exist for the marriage agreement itself?
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Yes,as in "I couldn't help it your honour i was mesmerised by her clevage!!"
"All you fascists bound to lose" - Woody Guthrie
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The ruling overturned two lower court rulings on a pre-nup and by the language of the ruling I don't think we need be that cynical. If the original agreement seemed fair at the time and there is no compelling evidence that it was obtained by force or deceit (which is the same for all contract law in Canada) then questioning it's fairness after the fact will not be entertained by the court. I am starting to see a break in the clouds. Enough people have howled about this to have made an impression and the courts are getting the backwash of all the things that fall out from what were fundamentally bad laws.The people on the bench have families too.
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One of the many problems we still have is a court system thats willing to base many of its decisions not on evidence but on the testimony of female "victims".There is no reason to assume that posture wont be used here as well to claim coersion.Even though this is definately a step in the right direction the victim posture and the courts willingness to accept it is still a problem.But you are right the sun is definately starting to peak through.
"All you fascists bound to lose" - Woody Guthrie
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