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Difference between revisions of "Marriage (3:III)"
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Marriage contracts sometimes incorporate terms that are not enforceable at law. For example, a clause stating, “the husband shall do all the cooking” is a contract for personal services and is therefore not enforceable. A breach of such an agreement cannot be grounds for divorce. | Marriage contracts sometimes incorporate terms that are not enforceable at law. For example, a clause stating, “the husband shall do all the cooking” is a contract for personal services and is therefore not enforceable. A breach of such an agreement cannot be grounds for divorce. | ||
'''NOTE:''' Consider whether a marriage agreement should contain a clause stating: “Anything held to be void/voidable will be severed from the agreement leaving the rest of the agreement intact”. This prevents the whole of a marriage agreement being voided by the inclusion of void conditions or clauses. See ''Clarke v Clarke'' (1991), 31 R.F.L. (3d) 383 (BCCA). | '''NOTE:''' Consider whether a marriage agreement should contain a clause stating: “Anything held to be void/voidable will be severed from the agreement leaving the rest of the agreement intact”. This prevents the whole of a marriage agreement being voided by the inclusion of void conditions or clauses. See [http://canlii.ca/t/1d921 ''Clarke v Clarke'' (1991), 31 R.F.L. (3d) 383 (BCCA)]. | ||
'''NOTE:''' Consider whether any agreement should contain a clause stating that the greater detail in the Agreement does not merge with any later Order. This ensures that if a Divorce Order is granted at a later date, the terms of the Agreement continue to apply unless expressly stated otherwise. This is more applicable to Separation Agreements. | '''NOTE:''' Consider whether any agreement should contain a clause stating that the greater detail in the Agreement does not merge with any later Order. This ensures that if a Divorce Order is granted at a later date, the terms of the Agreement continue to apply unless expressly stated otherwise. This is more applicable to Separation Agreements. | ||