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CTVBC: Francesco Aquilini's divorce. Will the Canucks be affected?
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03-17-2012, 01:47 AM
Join Date: Sep 2003
Location: Out There
Originally Posted by
why wouldn't a guy as rich as aquilini have a prenup?
In BC they are a type family law agreement called a marriage agreement. Bear in mind this is a 20 year marriage.
Even if there is such an agreement the court may still make an order dividing assets that's different than what a marriage agreement calls for if the agreement is found to be unfair under s. 65 of the Family Relations Act. Most marriage agreements will allow a spouse to "earn" an increasing share of the other spouse's property as time goes by to give the contract the best chance of remaining fair from the point of view of the act. In many marriage agreements, a spouse will earn an equal or near-equal share of the assets by the fifteenth, twentieth or twenty-fifth year of marriage. If there was one, given the length of the marriage a judge would be likely to vary it in favour of a 50/50 split in this case.
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