Question 2

H and W were married for seven years and lived together for one year before marriage. The husband and his family owned the majority of shares in W Inc. The husband's father wished to ensure that shares of that company stayed within the family. Family members entered into certain agreements which provided that any family member who wished to continue to hold shares in W Inc. had to enter into a marriage contract. Before the parties' marriage, the husband informed the wife that a marriage contract had to be signed or the wedding would not take place. He told her that the sole purpose of the contract was to keep shares of W Inc. in the family. The contract was drafted by B, a matrimonial lawyer at the same firm as the family's corporate lawyers. The contract excluded all of the husband's business interests from net family property and severely restricted the wife's right to support. R, the lawyer initially retained by the wife, advised the wife that the contract was unconscionable. R was fired. Four days before the wedding, B asked another lawyer, H, to provide the wife with independent legal advice. H had acted for B in B's own family law matter. This was not disclosed to the wife. H met with the wife on one occasion, for approximately one hour, before the contract was signed.

Discuss and apply the relevant principle(s) of law and the relevant legislation. Discuss the arguments W can put forward to challenge the above situation. (5 marks)