Is a Marriage Contract Invalid if Signed During an Affair with Someone Else?
In this Ontario case dealing with the validity of a marriage contract between a husband and wife, the husband ask the court to strike it down for an unusual reason: At the time his wife signed it, she was cheating on him with another man and was possibly plotting to leave the marriage altogether.
In D’Andrade v. Schrage, a wealthy, twice-divorced 61-year old man married a 34-year old woman. He prepared a marriage contract to sign, in which he promised (among other things) that in the event they separated he would pay her a lump sum of $300,000, and buy her a home worth at least $250,000.
The wife did sign the contract; however unbeknownst to the husband, she was having an affair at the time and had already contacted lawyers to discuss her options and rights in the event that she decided to go through with a separation.