93
edits
Changes
Added sentence re: Rick v. Brandsema
<blockquote>"One party may have power and dominance financially, or may possess power through influence over children ... often both contracting parties are vulnerable emotionally, with their judgment and ability to plan diminished, without the other spouse preying upon or influencing the other. The complex marital relationship is full of potential power imbalance."</blockquote>
In a 2009 case, ''[http://canlii.ca/t/22hw5 Rick v. Brandsema]'',[2009] 1 SCR 295 the Supreme Court of Canada added another factor to this list, incomplete or misleading financial disclosure. In this case, the court noted that parties can only give genuine and informed consent to an agreement if they have the information they need to decide if the agreement is acceptable.
Potential unfairness, then, can come from: