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The emergence of a legal test in Ontario for enforcing religious marriage contracts

Monday, October 16, 2017 @ 9:37 AM | By Ella Aiaseh

There are only a handful of Ontario cases that provide an analysis of the enforceability of religious marriage contracts in a family law proceeding. An overall review suggests that a case-by-case examination is warranted when considering whether a marriage contract can be enforced. However, based on a recent trend in Ontario case law, it seems that there is an emerging legal test that is applicable to most cases.

Both in Judaism and Islam, marriages are civil contracts that provide for a monetary amount owed by the...