In short, a happily married person can land up with the partner's spouse as a de facto partner or interferer. Therefore, one may readily appreciate that the Family Law Act can apply in situations even where the couple remain happily married all their lives. It may be prudent for all partners in closely held corporations and businesses to have valid marriage contracts. The Family Law Act has some very specific guidelines in place in order to ensure that any marriage contract is valid for all purposes. Lack of independent legal advice places both sides at the mercy of any future challenge along the lines of incomplete disclosure, understanding the nature of the contract, and being subject to duress or undue influence.
Marriage is intended to be a life-long proposition.
One does not intend to get divorced. Even thinking of such a possibility at the outset is down right un-Canadian, antisocial, pessimistic, tempting bad luck and decidedly unromantic. In the event of the death of one spouse, in laws and out laws may challenge the will and be within their legal rights to insist that the surviving spouse apply under the Act and not take under the will. There is, plainly put, lots of room for legal uncertainty. A properly negotiated and drafted marriage contract is much like a life insurance policy or a will.