Identification and Discussion of Relevant Legal Issues

Case Analysis
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Case Analysis
Scene 3
Issue 1: The validity of the marriage contract.
Analysis/Considerations: The marriage contract can only be enforced if it is legal. The first legal issue to establish is if the marriage contract meets the threshold needed to enforce it. According to Ontario's Family Law Act, both parties need to have independent legal advice before signing the agreement. This is to ensure that both parties understand the provisions of the contract to enhance fairness. Sean had the marriage contract prepared by his lawyers at Blades LLP. Dana was supposed to seek legal counsel to understand what the marriage contract entails. However, Sean told Dana to get independent legal advice and directed her to Thomas Kissler, who advised her that signing such contracts was “pretty standard” hence she signed it. However, Rachel’s discovery of Kissler’s previous affiliation with CPI raises questions regarding the independence of legal advice Dana received. If Kissler was an in-house lawyer for CPI, then the claim to independence may be undermined. At the time, Dana did not know that Sean directed her to a lawyer affiliated with CPI. Had she known the affiliation of Kissler at the time, she would perhaps have sought a more independent legal counsel from another lawyer.
Additionally, a marriage contract should not be signed under duress, coercion or pressure. For the contract to be nullified, Dana must demonstrate that duress, coercion or pressure were applied. Sean insisted on a contract, with the threat of a precarious financial future for Dana. He indirectly forced Dana to enter into such a contract. Sean seemed to imply that if Dana does not sign the contract, she may end up as a “poor single mother,” and that his family would ensure that it happens. At the time, Dana interpreted Sean's move as a sign of goodwill, where she thought he wanted the best for them and the baby. However, Sean’s approach threatening that his family would make her a poor single mother if she does not sign the contract may amount to coercion.
Additionally, there should be full disclosure of all assets and debts. The contract outlines Dana's and Sean's assets at the time. However, Rachel cannot see any significant shares, investments or significant cash in the contract. On turning 20 years old, worked at CPI in a senior position. On turning 21, he became the beneficiary of a family trust established by his grandmother, Monika Eton. As a result, the inability of Sean to declare all the