In the recent court case of Hartshorne v. Hartshorne the Supreme Court of Canada has stated that when parties enter into a prenuptial agreement the terms of that agreement will be upheld in all but the most unusual of cases. This decision has essentially rendered the Family Relations Act section 65 provision that allows separation or marriage agreements to be set aside on grounds of “unfairness” effete.
The decision of the majority also held that a business asset should be excluded from division of assets if that asset is used to pay support.