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Kurt Rappaport, a wealthy and successful realtor in the United States, filed for divorce from his wife, Sarah Mutch, in February 2019, after a 16-month-long marriage. The parties have a pre-nuptial agreement, or a marriage contract, which is being challenged by Ms. Mutch in the divorce case. According to the pre-nuptial agreement, Ms. Mutch would receive $45,000 per month – tax-free – for half the duration of the marriage.

However, Mr. Rappaport alleges that Ms. Mutch threatened him in an effort to set aside the pre-nuptial agreement. According to his statement, Ms. Mutch demanded that Mr. Rappaport transfer ownership of a $60 million property to her and even pressured him to tear up their pre-nuptial agreement. Mr. Rappaport claims that she threatened to spread false information about him and his friends to the press and various social media outlets if he did not provide her with “millions and millions of dollars.”

The Family Law Act

If the parties resided in Ontario, section 56(4) of the Family Law Act would govern whether the marriage contract is set aside. Generally, marriage contracts are presumed to be valid and enforceable if they are in writing, signed by both parties, and witnessed.

However, a court may set aside a marriage contract under the following circumstances:

  1. A party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;
  2. A party did not understand the nature or consequences of the domestic contract; or
  3. In other circumstances, per the law of the contract.

As such, if this case happened in Ontario, Ms. Mutch’s claim to set aside the pre-nuptial agreement would depend on the factors mentioned above.

Do You Have Questions About Your Prenup?

The language in your prenuptial agreement can influence the outcome of your divorce case. Contact the Ontario divorce lawyers at Feldstein Family Law Group P.C. if you have questions about your prenup or are preparing to file for divorce. Our experienced legal team can represent your interests through each phase of a contested or uncontested divorce case.

Contact Feldstein Family Law Group P.C. at (905) 581-7222 to schedule a free consultation.