In what circumstances would the wife be able to prove that she was not under duress or undue influence to enter into a marriage agreement?
Manitoba, Canada
The following excerpt is from Ross v. Ross, 1984 CanLII 2924 (MB CA):
In this case, as in the Lloyds Bank v. Bundy decision, any duress or undue influence would be purged by independent advice. Unlike the Lloyds Bank v. Bundy case, in this case the wife did receive such advice. It must be stated that, in her evidence, while conceding that she had consulted with an independent solicitor, the wife claimed that she had received no meaningful advice. She said that the solicitor had simply read the agreement to her and explained the meaning of the terminology in the agreement, but she asserted that he did not advise her of her rights and remedies, and the wisdom of entering into the proposed agreement.
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